IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  HS80 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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toth 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  In  ths 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 
D 

D 
D 

D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagike 


Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pelliculie 


D 

□    Cover  title  missing/ 
Le  titre  de  couvertu 


couverture  manque 


□    Coloured  maps/ 
Cartes  g^ographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  blackl/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
ReliA  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serree  peut  causer  de  I'ombre  ou  de  la 
distorsion  le  long  de  la  marge  int^rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte. 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  iti  filmies. 

Additional  comments:/ 
Commentaires  supplimentaires: 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  et^  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-itre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithode  normale  de  filmage 
sont  indiquAs  ci-dessous. 

□   Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommag^es 

□    Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pelliculies 


Tha 

pOM 

Of  tr 
filmi 


Orig 
bogi 
thai 
tion 
otha 
firat 
aion 
or  ill 


y 


Pages  discoloured,  stained  or  foxed/ 
Pages  d^color^es,  tacheties  ou  piquees 


nn    Pages  detached/ 


n 


Pages  ditachees 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  inagale  de  {'impression 

Includes  supplementary  materii 
Comprend  du  materiel  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 


nj]  Showthrough/ 

r~n  Quality  of  print  varies/ 

r~~1  Includes  supplementary  material/ 

r~~|  Only  edition  available/ 


Tha 
•hall 
TINI 
whit 

Map 
diffc 
antli 
bagi 
right 
raqu 
mat! 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc..  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partieilement 
obscurcies  par  un  feuillet  d'errata.  une  pelure, 
etc.,  cnt  M  film^es  A  nouveau  de  facon  a 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqui  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


y 


12X 


16X 


20X 


24X 


28X 


32X 


Th«  copy  filmad  h«r«  has  b««n  raproducad  thanks 
to  tha  ganaroaity  of: 

University  of  British  Columbia  Library 


L'axamplaira  filmi  f ut  raproduit  grAca  k  la 
gAnAroait*  da: 

University  of  British  Columbia  Library 


Tha  imagaa  appaaring  hara  ara  tha  baat  quality 
poaalbia  consldaring  tha  condition  and  lagibliity 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacif Ications. 


Las  Imagas  suivantas  ont  At6  raproduitas  svac  la 
plus  grand  soln,  compta  tanu  da  la  condition  at 
da  la  nattatt  da  raxemplaira  film*,  at  an 
conformity  avac  las  conditions  du  contrat  da 
filmaga. 


Original  copias  in  printad  papar  covars  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illustratad  impras- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  illustratad  impraa- 
sion,  and  anding  on  tha  last  paga  with  a  printad 
or  illustratad  Imprassion. 


Las  axamplairas  originaux  dont  la  couvartura  an 
papiar  ast  imprimAa  sont  fiimte  an  commandant 
par  la  pramlar  plat  at  an  tarminant  soit  par  la 
darnlAra  paga  qui  comporta  una  ampreinta 
d'imprassion  ou  d'illustration,  soit  par  la  sacond 
plat,  salon  la  cas.  Tous  las  autras  axamplairas 
originaux  sont  filmte  Bn  commanpant  par  la 
pramlAra  paga  qui  comporta  una  amprainta 
d'imprassion  ou  d'illustration  at  an  tarminant  par 
la  darnlAre  paga  qui  comporta  una  talla 
amprainta. 


Tha  last  racorded  f rama  on  aach  microficha 
shall  contain  tha  symbol  <-^  (meaning  "CON- 
TINUED"), or  tha  symbol  y  (meaning  "END"), 
whichaver  applies. 


Un  das  symboles  suivants  apparaitra  sur  la 
darniAre  image  de  cheque  microfiche,  selon  le 
ces:  le  symbols  — ►  signifie  "A  SUIVRE".  le 
symbols  ▼  signifie  'FIN". 


Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc..  peuvent  6tre 
fiimte  A  des  taux  de  reduction  diff brents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  il  est  filmA  A  partir 
de  Tangle  supArieur  gauche,  de  gauche  6  droite. 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'imagas  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


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Ac^ic^'^i^Ur-*^ 


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VBOM    THE 


PKESIDENT  OF  THE  UNITED  STATES, 


TRAKSMITTIKQ 


(Pursuant  to  a  resolution  of  the  House  of  Representatives,  of  the  22d  ult.) 


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BETWGKN  TUK 


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Government  of  the  United  States  and  Great  Britain, 


RELATIirO  TO  TBI 


NEGOTIATION  OF  THE  CONVENTION 


OF  THE  20th  ocroumtL,  1818. 


FEBRUARY  15,  l^t 

Rf  ad,  and  ordered  to  lie  upon  the  table. 


WASHINGTON : 

I'tir^rKD    BT  OAXCS   &  SXATOITt 
1823. 


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To  the  House  of  Representatives  of  the  United  States: 

In  compliance  with  a  resolution  of  the  House  of  Representa- 
lives,  22d  of  January  last,  requesting  a  communication  to  the  House 
of  all  the  correspondence  between  the  Government  of  the  United 
States  and  Great  Britain,  relating  to  the  negotiation  of  the  conven- 
tion of  the  20th  of  October,  1818,  which  may  not  be  inconsistent  with 
the  public  interest,  I  transmit,  herewith,  to  the  House,  a  report  from 
the  Secretary  of  State,  together  with  the  papers  requested  by  the  re- 
solution of  the  House. 

JAMES  MONROE. 
Washington,  ISth  February,  18£S. 


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Department  of  State,        ^'. 

Washington,  l^th  February,  1823. 


•v" 


The  Secretary  of  State,  to  whom  has  been  referred  the  resolution 
of  the  House  of  Representatives  of  the  United  States,  of  the  22d  of 
January  last,  requesting  the  communication  to  the  House  of  "  all  the 
**  correspondence  between  tlie  Government  of  the  United  States  and 
**  Great  Britain,  relating  to  the  negotiation  of  the  convention  entered 
**  into  between  the  two  Governments,  on  the  20th  of  October,  1818, 
"  which  may  not  be  inconsistent  with  the  public  interest,*'  has  the 
honor  of  submitting  to  the  President  of  the  United  States  the  papers 
required  by  the  said  resolution. 

JOHN  QUINCY  ADAMS, 


/■'  /' 


IM 


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[71   ] 


.4 


LIST  OF  PAPERS. 


■%, 


1* 


No 


2. 
3. 

4. 
5. 
6. 

7. 
8. 


9. 


10. 


19. 


SO. 
21. 

23. 
24. 


,  1.  Mr.  Monroe,  Secretary  of  State,  to  Mr.  Ba- 
ker, Charge  d'Affaires     -  -  - 
enclosinjg^  copy  of  a  letter  from  Collector  at 
Barnstable  to  Secretary  of  Treasury,  of 
Mr.  Baker  to  Mr.  Monroe        .            .            - 
Extract.  Mr.  Monroe  to  Mr.  Adams,  Envoy,  &c. 
at  London              .            .  _ 
Do.        Mr.  Adams  to  Mr.  Monroe    - 
Do.        Same  to  Lord  Castlereagti 
Do.        Same  to  Mr.  Monroe 
Enclosing  copy  of  a  letter  to  Lord  Castlereagh 
Extracts.  Mr.  Adams  to  Mr.  Monroe  - 
Do.        Same  to  same             ... 
With  copy  of  extract  of  a  letter  from  Lord  Ba- 

ttmrst  ----- 

Mr.  Adams  to  Mr.  Monroe       -  .  - 

With  copy  of  a  letter  from  Lord  Bathurst  to  Mr. 
Adams         -  .  -  -  - 

Mr.  Adams  to  Mr.  Monroe      -  -  - 

With  a  copy  of  a  letter  from  Lord  Bathurst  to 
Mr.  Adams,  of         -  -  -  - 

'oe  to  Mr.  Adams      ... 
Same  to  same  .  -  . 

Same  to  same  -  .  . 

Same  to  same  -  -  - 

Same  to  same 

Mr.  Adams  to  Mr.  Monroe  - 
Same  to  same  ... 

Same  to  same  -  -  . 

With  copy  of  a  note  from  Mr.  Adams  to  Lord 

Castlereagh,  of       - 
Mr.  Adams  to  Mr.  Monroe      .  -  - 

With  copy  of  Lord  Castlereagh's  letter  to  Mr. 
Adams,  of  .  -  -  . 

Mr.  Adams  to  Mr.  Monroe      .  -  - 

Mr.  Monroe  to  Mr.  Adams      -  -  - 

Mr.  Bagot,  Envoy,  &c.  to  Mr.  Monroe 
Mr.  Monroe  to  Mr.  Bagot        -  -  . 

Mr.  Bagot  to  Mr.  Monroe  -  • 


July  18,1815. 

3 
Aug.  31 

July  21 
Aug.  15 

Sept.    5 

5 

19 

2S 


25 
Oct.    31 

25 
Nov.     8 


11. 

Mr.  Moi 

12. 

13. 

Extract. 

14. 

Do. 

15. 

Do. 

16. 

Do. 

17. 

Do. 

18. 

Do. 

f: 


Oct.  30 
Feb.  27 

27 
May  24 
July  8 
Aug.  13 

24 
Sept.  18 

27 

17 
Oct.      5 

Sept.  28 
Dec.  24 
Feb.  5 
Nov.  27 
Dec.  30 

SI 


1816 


1817 
18  If. 


;  1 


% 

SK 


8  [  71  ] 

25.  Mr.  Monroe  to  Mr.  Bagot 
86*  Mr.  Adams  tu  Mr.  Monroe      .  .  - 

Enclosing  copy  of  four  articles  proposed  by  Lord 
Castlercagh. 

57.  Extract.  Mr.  Adams  to  Lord  Castlereagli 

58.  Do.        Lord  Castlercagh  to  Mr.  Adams 

29.  Mr.  Rusliy  acting  Secretary  of  State,  to  Mr.  Ba- 
got ------ 

50.  Same  to  same  ... 

51.  Mr.  Bagot  to  Mr.  Rush 

Enclosing  copy  of  the  orders  issued  by  Admiral 
Milne;  and  copy  of  a  letter  from  Captain 
Chambers  to  same. 

32.  Extract.  Mr.  Adams,  Secretary  of  State,  to  Mr. 
Rush,  Envoy,  &c.  at  London 

S3.    Do.         Same  to  same  ... 

34.  Do.         Same  to  Mr.  Gallatin 

35.  Full  power  to  Messrs.  Gallatin  and  Rush 

36.  Extract.  Mr.  Adams  to  Mr.  Rush 

37.  Do.         Mr.  Rush  to  Mr.  Adams 

38.  Do.         Same  to  same  ... 

39.  Extracts.  Mr.  Adams  to  Messrs.  Gallatin  and 

Rush  -  .  -  .  - 

40.  Extract.   Same  to  Mr.  Gallatin 

41.  Do.  Mr.  Rush  to  Mr.  Adams 

42.  Do.  Same  to  same  ... 

43.  Do.  Same  to  same  ... 

44.  Do.  Same  to  same  ... 

45.  Do.  Same  to  same  .  .  - 

46.  Do.  Same  to  same  ... 

47.  Mr.  Adams  to  Messrs.  Gallatin  and  Rush 

48.  Extract.    Mr.  Rush  to  Mr.  Adams 

49.  Do.         Mr.  Adams  to  Mr.  Rush 

50.  Same  to  same  (two  articles  enclosed) 

51.  Do.         Mr.  Rush  to  Mr.  Adams 

52.  Extracts.  Same  to  same  ... 

53.  Extract.   Mr.  Adams  to  Mr.  Rush 


Jan.     7  1817 
Mar.  20 


April  21 
May    7 

.30 
Aug.    4 

8 


Nov. 

6 

May 

21 

22 

1818 

^d 

■► 

June 

26 

July 

25 

28 
29 

Aug. 

13 
15 

28 

Oct. 

12 
19 
27 

Nov. 

2 

1818 

Dec. 

8 
1 

May 

7 

1819 

June 

14 

Sc[»t. 

17 

May 

18£!0 

[71] 


7  1817 
20 


21 

7 

SO 
4 
8 


6 
21  1818 
22 
22 
30 
26 
25 

28 
29 
13 
15 
28 
12 
19 
27 

2    1818 

8 

1 

7   1819 
14 
17 
27  IS-^O 


Mr,  Jilonroe  to  Mr.  Baker f  Charge  d*^airesfrom  England, 

Befabtmbnt  of  State, 

July  18,  1815. 

Sir:  I  have  the  honor  to  communicate  to  you  a  copy  of  a  letter 
from  the  Cullector  of  the  Customs  at  Barnstable,  to  the  Secretary 
of  the  Treasury,  by  which  it  appears  that  an  American  vessel,  en- 
gaged in  the  cod  fishery,  in  long.  65  20,  lat.  42  41,  was  warned 
off,  by  the  commander  of  the  British  sloop  of  war  Jaseur,  and  order- 
ed not  to  approach  within  60  miles  of  the  coast;  with  which  order,  the 
commander  of  the  American  vessel  immediately  complied.  It  ap- 
pears, alHo,  that  a  similar  warning  had  been  given  by  the  comman- 
der of  the  Jaseur  to  all  the  other  American  vessels  that  were  then  in 
sight. 

This  extraordinary  measure  has  excited  no  small  degree  of  sur- 
prize. Being  altogether  incompatible  v>  ith  the  rights  of  the  United 
States,  it  is  presumed  that  it  has  not  been  authorized  by  your  go- 
vernment. 1  invite  your  attention  to  it,  in  tlie  hope,  that,  as  you 
have  been  charged  by  your  government  witli  the  execution  of  the 
late  treaty  of  peace,  and  are  acquainted  with  its  views  on  all  ces- 
tions  connected  with  it,  yen  nil!  d^iisidrr  yourself  authorized  to  in- 
terpose to  ))reveiit  the  progress  of  an  e\il  which  will  be  so  extensivQ- 
ly  and  deeply  felt  by  the  citizens  of  the  United  States. 

I  have  the  honor,  &c.  &c. 

JAMES  MONROE. 

Anthony  St.  John  Baker,  Esq. 

^c.  ^c.  ^c.  •     ,    •     . 


Collector  of  Customs  at  Barnstable,  to  the  .Secretary  of  tJie  Treasury. 

Collector's  OFFiGE,^arnsto&^e,  July  3,  1815. 

Sir:  I  think  it  my  duty  to  inform  you,  that  the  captain  of  a  ves- 
sel regularly  licensed  for  the  cod  fishery,  has  just  reported  to  this 
office,  that  on  the  1 9th  day  of  June  last,  being  in  long.  65  20,  N  lat. 
42  41,  about  45  miles  distant  from  Cape  Sables,  he  fell  in  with  his 
Britannic  Majesty's  sloop  of  war  Jaseur,  N.  Lock,  commander,  who 
warned  him  off,  and  endorsed  his  enrolment  and  license  in  the  words 
following:  t     " 

**  Warned  off  the  coast  by  his  Majesty's  sloop  Jaseur,  not  to  come 
within  sixty  miles. 

N.  LOCK,  Captain, 
June  19th,  1815." 


II 


It 


[71] 


In  consequence  of  which,  the  fisherman  immediately  left  the  fish- 
ing ground,  and  returned  home  without  completing  his  fare. 

The  captain  of  the  fisherman  further  states,  that  all  the  fishing 
Tessels  then  in  sight  were  warned  off  in  the  same  manner^  by  the  said 
captain  Lock. 

^    J ,.  I  am,  Sir,  very  respectfully, 

>  Your  obedient  servant, 

ISAIAH  L.  GREEN, 

Collector. 

Hon.  A.  J.  Dallas,  Esq. 


JVr.  Baker  to  Mr.  Monroe, 

VutlabeiaTuia,  Mgust5tflB15. 

Sib:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  18th  ultimo,  together  with  its  enclosure,  relating  to  the  warning 
ofif,  to  the  distance  of  60  miles  from  the  coast  of  Nova  Scotia,  of  some 
American  fishing  vessels,  by  His  Majesty's  brig  Jaseur. 

This  measure  was,  as  you  liave  justly  presumed  in  your  note,  to- 
tally unauthorized  by  His  Majesty's  Government,  and  I  have  the 
satisfaction  to  acquaint  you,  that  orders  have  been  given  by  the  Na- 
val Commanders  in  Chief  on  the  Halifax  and  Newfoundland  Sta- 
tions, which  will  effectually  prevent  the  re-currence  of  any  similar 
interruption  to  the  vessels  belonging  to  the  United  States  engaged  in 
fishing  on  the  high  seas. 

I  have  the  honour  to  be,  with  the  greatest  consideration,  and  re- 
spect, sir,  your  most  obedient,  humble  servant, 

ANTHONY  ST.  J.  BARER. 
Hoito  James  Monroe, 

^c.  Sfc.  Sfc. 


Extract  of  a  letter  from  Mr.  MonroCf  Secretary  of  State,  to  Mr.  Mams. 

July  Zlstf  1815. 

**  Among  the  acts  which  we  have  to  complain  of  with  greatest  ear- 
nestness, is  a  late  warning  given  by  the  Commander  of  a  Britisli 
sloop  of  War  to  our  fishermen,  near  the  coast  of  the  British  northern 
colonies,  to  retire  thence  to  the  distance  of  20  leagues.  This,  it  is 
presumed,  has  been  done  under  a  cunstruction  of  the  late  treaty  of 
peace,  which,  by  being  silent  on  the  subject,  left  that  important  inte- 
rest to  rest  on  the  ground  on  which  it  was  placed  by  the  treaty  of 


te  flsh- 

Rshiiig 
he  saia 


1815. 

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11 


1783.  The  right  to  the  fisheries  required  no  new  stipulation  to  sup- 
port it.  It  was  sufficiently  secured  by  the  treaty  of  1783.  This  im- 
portant subject  will  claim  your  early  attention.  The  measure  thus 
promptly  taken  by  the  British  Government,  without  any  communica- 
tion with  this  Government,  notwithstanding  the  declaration  of  our 
Ministers  at  Ghent,  that  our  right  would  not  be  affected  by  the  silence 
of  the  treaty,  indicates  a  spirit  which  excites  equal  surprise  and  regret: 
one  which  by  no  means  corresponds  with  the  amicable  relations  esta- 
blished between  the  two  countries  by  that  treaty,  or  with  the  spirit 
with  which  it  has  been  executed  by  the  United  States.. 

As  you  are  well  acquainted  with  the  solidity  of  our  right  to  the 
fisheries  in  question,  as  well  as  to  those  on  the  Grand  Bank,  and  else- 
where on  the  main  ocean,  to  the  limit  of  a  marine  league  only  from 
the  coast,  (for  the  pretension  to  remove  us  20  leagues  is  too  absurd 
to  be  discussed,;  I  shall  not  dilate  on  it,  especially  at  this  time.  It  is 
sufficient  to  observe  here,  that  the  right  of  the  United  States  to  take 
fish  an  the  coust  of  Newfoundland,  and  on  the  coasts,  bays,  and 
creeks,  of  all  other  His  Britannic  Majesty's  dominions  in  America^ 
and  to  dry  and  cure  fish  in  any  of  the  unsettled  bays,  harbors,  and 
creeks,  of  Nova  Scotia,  Magdalen  Islands,  and  Labrador,  in  short* 
that  every  right  appertaining  to  the  fisheries  which  was  secured  by 
the  treaty  of  1783,  stands  now  as  unshaken  and  perfect  as  it  then  did, 
constituting  a  vital  part  of  our  political  existence,  and  resting  on  the 
same  solid  foundation  as  our  Independence  itself.  In  the  act  of  dis- 
memberment and  partition,  the  rights  of  each  party  wera  distinctly 
defined.  So  much  of  territory  and  incidental  rights  were  allotted  to 
one — so  much  to  the  other;  and  as  well  might  it  be  said,  because  our 
boundary  had  not  been  retraced  in  the  late  treaty,  in  every  part,  that 
certain  portions  of  oar  territory  had  reverted  to  England,  as  that 
our  right  to  fish,  by  whatever  nam^^  secured,  had  experienced  that 
fate.  A  liberty  of  unlimited  duration,  thus  secured,  is  as  much  a 
right,  as  if  it  had  been  stipulated  by  any  other  term.  Being  to  be 
enjoyed  by  one,  adjoining  the  territory  allotted  by  the  partition  to 
the  other  party,  it  seemed  to  be  the  appropriate  term>  1  have  made 
these  remarks  to  shew  the  solid  ground  on  which  this  right  is  deemed 
to  rest  by  tliis  government,  relying  on  your  thorough  knowledge  of 
the  subject  to  illustrate  and  support  it  in  the  most  suitable  manner. 

It  can  scarcely  be  presumed,  that  the  British  Government,  after 
the  result  of  the  late  experiment,  in  the  present  state  of  Europe,  and 
under  its  other  engagements,  can  seriously  contemplate  a  renewal  of 
hostilities.  But  it  often  happens  with  nations,  as  well  as  with  indi- 
Tiduals,that  a  just  estimate  of  its  interest,  and  duties,  is  not  an  infal- 
lible criterion  of  its  conduct.  We  ought  to  be  prepared  at  every 
point  to  guard  against  such  an  event.  You  will  be  attentive  to  cir- 
cumstances, and  give  us  timely  notice  of  any  danger  which  may  be 
menaced. 


f-- 


ilLi 


Ul 


II' 


* 


12  [  71  0 

Extract  of  a  lettei'from  Mr.  Mams  to  Mr.  Monne. 

LuNDONy  15^/i  Jlugustf  1815. 


"I  had  mentioned  the  subject  of  the  slaves  in  my  first  interview 
withhim,(Lord  Castlereagh,)and  lie  had  then  expressed  an  intention 
to  refer  it  to  the  Commissioners,  with  whom  we  were  then  negotiat- 
ing the  commercial  convention.  But  they  received  no  instructions 
relative  to  it,  and  considered  their  powers  as  limited  to  the  objects 
upon  which  my  colleagues  were  authorized,  conjointly  wit!i  me,  to 
treat.  The  day  before  Lord  Castlereagh  left  town,  I  spoke  to  him 
again  concerning  it.  He  had  just  received  despatches  from  Mr.  Ba- 
ker relating  to  it,  but  had  not  had  time  to  read  them,  and  merely  told 
me  that,  du  ring  his  absence.  Lord  Liverpool,  or  Lord  Bathurst,  would 
attend  to  the  business  of  his  Department.  After  writing  the  note, 
of  which  the  copy  is  enclosed,  I  requested  an  interview  with  Lord 
Liverpool,  for  which  he  appointed  last  Saturday,  but  an  accident 
prevented  me  from  then  meeting  him.  1  have  renewed  the  request, 
but  as  he  was  not  in  town,  when  my  note  was  sent>  it  may  be  defer- 
red until  after  Mr.  Bagot's  departure.' 


j» 


\''\  ' 


Extract  of  a  letter  from  Mr.  ddams  to  Lord  Castlereagh. 

Charles  Street,  TVestminster,  9th  Jiugiist,  1815. 

**In  two  several  conferences  with  your  Lordsliip,  I  have  had  the 
honor  of  mentioning  lie  refusal  of  his  ^lajesty's  naval  commanders, 
who,  at  the  restoration  of  peace  between  the  United  States  and  Great 
Britain,  were  stationed  on  the  American  coast,  to  restore  the  slaves 
taken  by  them  from  their  owners  in  the  United  States  during  the  war, 
and  then  in  their  possession,  notwitlistanding  the  stipulation  in  the 
fust  article  of  the  treaty  of  (.xhent,  that  such  slaves  should  not  be 
carried  away.  Presuming  that  you  are  in  possession  of  the  corres- 
poi;dence  on  this  subject,  which  has  passed  between  the  Secretary  of 
State  of  the  United  States,  and  Mr.  Baker,  it  will  be  unnecessary 
fo)  .nie  to  repeat  the  demonstration,  that  tlie  carrying  away  of  these 
slaves  is  incompatible  with  the  terms  uf  the  treaty.  But,  as  a  refer- 
rence  to  the  documents  of  the  negotiation  at  Ghent  ma>  serve  to  elu- 
cidate the  intentions  of  the  contracting  parties,  I  am  induced  to  pre- 
sent them  to  your  consideration,  in  the  hope,  that  the  Minister  of 
his  Majesty,  now  about  to  depart  for  the  United  States,  may  be  aii- 
thorieed  to  direct  the  restitution  of  the  slaves,  conformably  to  the 
treaty,  or  to  provide  for  the  payment  of  the  value  of  those  carried 
away  contrary  to  that  stipulation;  which,  in  the  event  of  their  not 
being  restored,  I  am  insti'ucted  by  my  government  to  claim.  The 
first  projei  of  the  treaty  of  Ghent  was  otfered  by  the  American 
plenipotentiaries,  and  that  part  of  the  first  ai'ticle  relating  to  slaves, 
"was  therein  expressed  in  the  following  manner:  "All  territory^ 


[71  ] 


13 


places,  and  possessions,  without  exception,  taken  by  either  p^.rty  from 
the  other,  during  the  war,  or  which  may  be  taken  after  the  signing 
of  this  treaty,  shall  be  restored  without  delay,  and  witliout  causing 
any  destruction,  or  carrying  away  any  artillery,  or  other  public  pro- 
perty,  or  any  slaves,  or  other  private  property.** 

The  projet  was  returned  by  the  British  plenipotentiaries,  with  the 
proposal  of  several  alterations,  and,  among  the  rest,  in  this  part  of 
the  first  article,  which  they  proposed  should  be  so  changed  as  to 
read  thus — 

"  All  territory,  places,  and  possessions,  without  exception,  bc< 
longing  to  either  party,  and  taken  by  the  other,  during  the  war,  or 
which  may  be  taken  after  the  signing  of  this  treaty,  shall  be  restored 
without  delay,  and  without  causing  any  destruction,  or  carrying  away 
any  of  the  artillery,  or  other  public  property,  or  any  slaves,  or  other 
private  property,  originally  captured  in  the  said  forts  or  places,  and 
which  shall  remain  therein  upon  the  exchange  of  the  ratifications 
of  this  treaty." 

It  will  be  observed  that,  in  this  proposal,  the  words  "originally 
capt  ured  in  the  said  forts  or  places,  and  which  shall  remain  therein 
upon  the  exchange  of  the  ratifications  of  this  treaty,"  operated  as  a 
modification  of  the  article  as  originally  proposed  in  the  American 
projet.  Instead  of  stipulating  that  no  property,  public  or  private, 
artillery,  or  slaves,  should  be  carried  away,  they  limited  the  prohibi- 
tion of  removal  to  all  such  property  as  had  been  originally  captured 
in  the  forts  and  places,  and  should  remain  there  at  tlic  exchange  of 
the  ratifications.  They  included  within  the  limitation,  private  as 
well  as  public  property;  and  had  the  articl^j  been  assented  to  in  this 
form  by  the  American  plenipotentiaries,  and  ratified  by  their  govern- 
ment, it  would  have  warranted  the  construction  which  the  British 
commanders  have  given  to  the  article  as  it  was  ultimately  agreed  to, 
and  which  it  cannot  admit. 

For,  by  reference  to  the  protocol  of  conference  held  on  the  1st  of 
December,  1814,  there  will  be  found  among  the  alterations  to  the 
amended  projet,  proposed  by  the  American  plenipotentiaries,  the 
following: 

"  Transpose  alteration  consisting  of  the  words  *  originally  captured 
in  the  saiil  forts  or  places,  and  which  shall  remain  therein,  upon  the  ex- 
change of  the  ratifications  of  this  treaty,  after  the  words  public  pro- 
perty,* agreed  to  by  the  British  plenipotentiaries.*' 

It  thus  appears,  that  the  American  plenipotentiaries  admitted,  with 
regard  to  artillery  and  public  property,  the  limitation  which  was  pro- 
posed by  the  British  amended  projet,  but  that  they  did  not  assent  to 
it  with  regard  to  slaves  and  private  property;  that,  on  the  contrary, 
they  asked  such  a  transposition  of  the  words  of  limitation,  as  would 
leave  them  applicable  only  to  artillery  and  public  property,  and  would 
except  slaves  and  private  property  from  their  operation  altogether. 
That  the  British  plenipotentiaries  and  government,  by  this  proposed 
transposition  of  the  words,  had  full  notice  of  the  views  of  the  other 
contracting  party,  in  adhering  to  the  generality  of  the  prohibition, 
to  carry  away  slaves  and  private  property,  while  acquiescing  in  a  li- 


■/ 


m 


'1 


iji'i  I 


!!i;. 


>■■■ 


14 


[  71  ] 


mitati'  u  with  respect  to  artillery  and  public  property.  Witli  this  no- 
tice, the  British  government  aj^recd  to  the  transposition  of  the  words* 
and,  accordingly  that  part  of  the  article,  as  ratified  by  both  govern- 
ments, now  stands  thus: — 

"  All  territory,  places,  and  possessions  whatsoever,  taken  by  either 
party,  from  the  other,  during  the  war,  or  which  may  be  taken  after 
the  signing  of  this  treaty,  excepting  only  the  islands  hereinafter 
mentioned,  shall  be  restored  without  delay,  and  without  causing  any 
destruction,  or  carrying  away  any  of  the  artillery,  or  other  public 
property  originally  captured  in  the  said  forts  or  places,  and  which 
shall  remain  therein  upon  the  exchange  of  the  ratifications  of  this 
treaty,  or  any  slaves,  or  other  private  property." 

From  this  review  of  the  stipulation,  as  originally  proposed  at  the 
negotiation  of  Ghent,  as  subsequently  modified  by  the  proposals  of  the 
respective  plnni|)otctitiarics,  and  as  finally  agreed  to  by  both  the  con- 
tracting parties,  I  trust  it  will  remain  evident  that,  in  evacuating  all 
places  within  the  jurisdiction  of  the  United  States,  and  in  departing 
from  their  waters,  the  British  commanders  were  bound  not  to  carry 
away  any  slaves,  or  othei*  private  property  of  the  citizens  of  the 
United  States,  which  had  been  taken  upon  their  shores.  Had  the 
construction  of  tiic  article  itself  been,  in  any  degree,  equivocal,  this 
statement  of  tiie  manner  in  which  it  was  drawn  up,  would  have  suf- 
ficed to  solve  every  doubt  of  its  meaning.  It  would  also  shew,  that 
the  British  plenipotentiaries  were  not  unaware  of  its  purport  as  un- 
derstood by  those  of  the  United  States." 


EXTRACT. 


lis 


Mr^  Jldams  to  Mr.  Monroe, 

London,  5lh  September,  1815. 

*'  111  compliance  with  your  instructions  of  21st  July,  I  have  this  day  ad- 
dressed Lord  Castlereagh,  claiming  payment  from  the  British  government 
for  the  slaves  carried  away  from  Cumberland  Island,  and  the  adjoining 
waters,  after  the  ratification  of  the  treaiy  of  peace,  and  in  contravention 
to  one  of  the  express  stipulations  of  that  treaty. 

"  My  preceding  despatches,  Nos.  9  and  10,  will  have  informed  you  of  the 
steps  I  had  taken,  by  an  official  letter  to  Lord  Castlereagh,  and  by  a  per- 
sonal interview  with  the  Earl  of  Liverpool,  in  relation  to  this  subject,  pre- 
vious to  the  receipt  of  your  last  instructions.  The  letter  to  Lord  Castle- 
reagh has,  hitherto,  remained  unanswered;  and  Lord  Liverpool  made  no 
attempt  to  answer  either  the  reasoning  of  your  letter  on  the  subject  to 
Mr.  Baker,  or  the  statement  of  the  proof,  with  regard  to  the  meaning  of 
the  article,  resulting  from  the  manner  in  which  it  had  been  drawn  up  and 
agreed  to.  The  substance  of  what  he  said,  was,  that,  in  agreeing  to  the 
article  as  it  stands,  tliey  had  not  been  .aware  that  it  would  bind  them  to  re- 
store the  slaves,  whom  their  officers  had  enticed  away,  by  promises  of  free- 
dom. 


[71] 


iS 


ith  this  no- 
'  the  words* 
)Ui  govern- 

sn  by  eitlier 
taken  after 
hereinafter 
;aiising  any 
»ther  public 
I  and  which 
ions  of  this 

losed  at  the 
losals  of  the 
[>th  the  con- 
icuating  all 
n  departing 
lot  to  carry 
zens  of  the 
I.  Had  the 
livocalf  this 
Id  have  suf- 
t  shew,  that 
port  as  nn- 


her,  1815. 

this  day  ad- 

^overnment 

le  adjoining 

intravention 

d  you  of  the 
id  by  a  per- 
ubject,  pre- 
ord  Castle- 
)ol  made  no 

subject  to 
meaning  of 
awn  up  and 
eing  to  the 

them  tore- 
iscs  of  free- 


"  The  case  of  these  slaves  carried  away  from  Cumberland,  seems  not 
even  to  admit  of  the  distinction  to  wliich  Mr.  Baker  and  Lord  Li^-er- 
pool  resorted.  Yet  the  prospect  of  obtaining  either  restoration  or  indem- 
nity, appears  to  me  not  more  favorable  in  this  case  than  in  any  others  of  the 
same  class.  If  there  were  any  probability  that  this  government  would  ad- 
mit the  principle  of  making  indemnity,  it  would  become  necessary  for  me 
to  remark,  that  the  lis',  of  slaves  transmitted  to  me,  and  of  which  I  have 
sent  to  Lord  Castlcreagh  a  copy,  is  not  au  autlienticated  document." 


I 


,.<^ 


Mr.  Mams  to  Lord  Castlereagh,  •      • 

Charles  street,  Westminster,  5th  September,  1815. 

My  Lord:  In  the  letter  which  I  h%d  the  honor  of  addressing  to  your 
Lordship,  on  the  9th  of  August  last,  I  stated  that  I  had  been  instructed  by 
my  government  to  claim  the  payment  of  the  value  of  the  slaves  carried 
away  from  the  United  States,  by  the  British  naval  commanders  stationed  on 
the  American  coast,  notwithstanding  the  express  stipulation  to  the  contra- 
ry in  the  first  article  of  the  treaty  of  Ghent,  in  the  event  that  such  slaves 
should  not  be  restored  to  their  owners. 

The  enclosed  is  a  copy  of  a  list  of  seven  hundred  and  two  slaves,  taken 
in  the  state  of  Georgia,  by  the  forces  under  the  command  of  Rear  Admiral 
Cockburn,  and  carried  away,  after  the  ratification  of  the  treaty  of  peace, 
from  Cumberland  Island,  or  the  waters  adjacent  to  the  same,  which  has 
been  transmitted  to  me  by  the  Secretary  of  State  of  the  United  States, 
with  a  new  instruction  to  claim  the  indemnity,  justly  due  to  the  owners,  to 
the  full  value  of  each  slave.  Should  his  Majesty's  government  now  prefer 
to  restore  the  slaves,  who  must  yet  be  in  their  possession,  or  that  of  their 
officers,  it  is  presumed  to  be  still  practicable;  but  tlieir  removal  having 
been  in  contravention  to  the  express  stipulation  of  the  treaty,  it  is  to  the 
faith  of  Great  Britain,  pledged  by  that  stipulation,  that  the  United  States 
can  alone  recur  for  indemnification  to  the  owners  for  the  loss  of  their  pro- 
perty, if  the  slaves  are  not  restored. 

Ii  it  should  be  deemed  expedient  rather  to  make  this  compensation  than 
to  restore  the  slaves  to  their  owners,  I  am  authorized  to  enter  into  such  ar- 
rangements as  may  be  proper  for  ascertaining  the  amount  of  the  indemnity 
to  be  made,  and  settling  the  manner  in  which  it  maybe  allowed. 
I  have  the  honor  to  be,  with  the  highest  consideration. 

Your  Lordship's  very  humble  and  obedient  servant, 

JOHN  QUINCY  ADAMS. 


Extract  of  a  letter  from  Mr.  Mams  to  Mr.  Monroe^  stating  the  sub- 
stance  of  a  conversation  with  Lord  Bathurst. 

LoNDON,'19</t  September,  1815. 
"  The  transactions  to  which  your  instructions,  of  21st  July,  have  refer- 
ence, were  of  a  character  to  excite,  in  the  highest  degree,  the  attention  of 


16 


[71] 


i'li     i 


i 


I 


i< 


the  jjovernment  of  the  United  States.  So  many  simultaneous  acts  of  Bri- 
tish ufiicers,  at  various  stations,  and  upon  both  elements,  indicating  a  mark- 
ed spirit  of  hostility,  were  calculated  to  inspire  serious  doubts  with  regard 
to  the  pacific,  not  to  say  the  amicable  dispositions  of  the  British  govern- 
ment; and  the  latter  part  of  your  despatch  made  it  incumbent  upon  me, 
under  certain  contingencies,  to  take  measures  of  which  nothing  that  had 
occurred  here  had  induced  me  even  to  think,  as  precautions  which  the 
course  of  events  might  render  expedient.  The  commercial  convention  had 
shewn  how  excessively  difficult  it  was  for  British  and  American  plenipo- 
tentiaries to  agree  upon  any  one  point,  in  which  the  mutual  interests  of  the 
two  countries  were  involved.  It  had  shewn  how  very  few  points  there  were 
upon  which  any  agreement  could  be  made,  and  it  was  evident,  from  every 
tiling  excepting  the  personal  courtesies  of  the  Prince  and  his  cabinet,  that 
the  animosities  of  tne  condition  from  which  the  two  nations  had  lately 
emerged,  had  very  little  subsided.  I  had,  however,  before  the  receipt  of 
your  d. 'snatch,  not  a  suspicion  that  an  immediate  renewal  of  hostilities  was 
contemplated;  and  even  now,  although  I  perceive  no  reason  for  flattering 
myself  that  any  satisfaction  will  be  given  us,  upon  any  one  of  our  causes  of 
complaint,  yet  1  do  not  apprehend  that  any  act  of  open  and  avowed  hosti- 
lity will  be  sanctioned  by  the  British  government,  at  the  present  mo.aent. 
It  must,  however,  be  added,  that  the  most,  perhaps  the  only  unequivocal 
pledge  of  pacific  intentions,  is  the  reduction  of  the  fleet,  not  only  to  a  peace 
establishment,  but  to  an  unusually  small  one.  Your  despatch,  and  the  se- 
veral procedures  to  which  it  related,  awakened  an  anxiety  that  nothing 
shoula  be  omitted  which  could  be  of  any  possible  utility  to  our  interests  in 
this  quarter. 

Having  formally  renewed  the  claim  for  the  restitution  of  the  slaves  car- 
ried away  contrary  to  the  engagements  of  the  treaty  of  peace,  or  for  pay- 
ment of  their  value  as  the  alternative,  there  were  other  objects  which  I 
deemed  it  necessary  to  present  again  to  the  consideration  of  this  govern- 
Inent.  In  the  first  instance  it  seemed  advisable  to  open  them  by  a  verbal 
communication,  and  I  requested  of  Lord  Bathurst  an  interview,  for  which 
he  appointed  the  14th  instant,  when  I  called  at  his  office  in  Downing  street. 
I  said  that,  having  lately  received  despatches  from  you,  respecting  several 
objects  of  some  importance  to  the  relations  between  the  two  countries,  my 
first  object,  in  asking  to  see  him,  had  been,  to  inquire  whether  he  had  re- 
ceived from  Mr.  Baker  a  communication  of  the  correspondence  between 
you  and  him,  relative  to  the  surrender  of  Michillimakinac;  to  the  proceed- 
ings of  Colonel  Nichols  in  the  southern  part  of  the  United  States;  and  to  the 
warning  given  by  the  captain  of  the  British  armed  vessel  Jaseur,  to  certain 
American  fishing  vessels,  to  withdraw  from  the  fishing  grounds  to  the  dis- 
tance of  sixty  miles  from  the  coast.  He  answered,  that  he  had  received  all 
these  papers  from  Mr.  Baker,  about  four  days  ago;  that  an  answer  with  re- 
gard to  the  warning  of  the  fishing  vessels  had  immediately  been  sent;  but, 
on  the  other  subjects,  there  had  not  been  time  to  examine  the  papers  and 
prepare  the  answers.  I  asked  him  if  he  could,  without  inconvenience,  state 
the  substance  of  the  ansvyer  tliat  had  been  sent.  He  said,  certainly.  It 
had  been,  that,  as  on  the  one  hand  Great  Britain  could  not  permit  the  ves- 
sels of  the  United  States  to  fish  within  the  creeks,  and  close  upon  the 
shores,  of  the  British  territories,  so,  on  the  other  hand,  it  was  by  no  means 
her  intention  to  interrupt  them  in  fishing  any  where  in  the  open  sea,  or 
without  the  territorial  jurisdiction,  a  marine  league  from  the  shore.  And, 
therefore,  that  the  warning  given  at  the  place  stated,  in  the  case  refeircd  to, 
was  altogether  unauthorized.    I  replied,  that  the  particular  act  of  the  Bri- 


[71] 


i7 


s  acts  of  Bri- 
ating  a  mark- 
s  with  regard 
itish  govern - 
ent  upon  me, 
ling  that  had 
ns  which  the 
invention  had 
ican  plenipo- 
terests  of  the 
ts  there  were 
t,  from  every 
cabinet,  that 
me  had  lately 
he  receipt  of 
lostilities  was 
for  flattering 
our  causes  of 
ivowed  hosti- 
sent  mo.uent. 
'  unequivocal 
Illy  to  a  peace 
1,  and  the  se- 
that  nothing 
r  interests  in 

le  slaves  car- 
e,  or  for  pay- 
jects  which  I 
this  govcrn- 
(1  by  a  verbal 
w,  for  which 
ivning  street, 
cting  several 
auntries,  my 
T  he  had  re- 
nce  between 
the  proceed- 
;s;  and  to  the 
ir,  to  certain 
Is  to  the  dis- 
l  received  all 
wer  with  re- 
en  sent;  but, 
e  papers  and 
uience,  state 
ertainly.  It 
emit  the  ves- 
56  upon  the 
by  no  means 
)pen  sea,  or 
hore.  And, 
i  referred  to, 
;t  of  the  Bri- 


tish commander,  in  this  instance,  being  disavowed,  I  trusted  that  the  Bri- 
tish government,  before  adopting  any  final  determination  upon  the  subject, 
would  estimate,  in  candor,  and  in  that  spirit  of  amity  which  my  own  go- 
vernment was  anxiously  desirous  of  maintaining,  in  our  relations  with  this- 
country,  the  considerations  \vhich  I  was  instructed  to  present  in  support 
of  the  right  of  the  people  of  the  United  States  to  fish  on  the  whole  coast  of 
North  America,  wnich  they  have  uniformly  enjoyed  from  the  first  settle- 
ment of  the  country:  that  it  was  my  intention  to  address,  in  the  course 
of  a  few  days,  a  letter  to  him  on  the  subject.  He  said  that  they  would  give 
due  attention  to  the  letter  that  I  should  send  him,  but  that  Great  Britain 
had  explicitly  manifested  her  intention  concerning  it:  that  this  subject,  as 
I  doubtless  knew,  had  excited  a  great  deal  of  feeling  in  this  country,  per- 
haps much  more  than  its  importance  deserved;  but  their  OA«n  fishermen  con- 
sidered it  as  an  excessive  hardship  to  be  supplanted  by  American  fishermen, 
even  upon  the  very  shores  of  tlie  Britisn  dominions.  I  said,  that  those 
whose  sensibilities  nad  been  thus  excited,  had  probably  not  considered  the 

auestion  of  right  in  the  point  of  view  in  which  it  had  been  regarded  by  us: 
mt  they  were  the  sensibilities  of  a  partial  and  individual  interest,  stimu- 
lated by  the  passions  of  competition,  and  considering  the  right  of  the  Ame.^ 
ricans  as  if  it  had  been  a  privilege  granted  to  them  by  tlie  British  govern- 
ment. If  this  interest  was  to  have  weight  in  determining  thepolicy  of  the 
cabinet,  there  was  another  interest  liable  to  be  affected  in  the  opposite  man- 
ner, which  would  be  entitled  equally  to  consideration:  the  manufacturing 
interest.  The  question  of  right  had  not  been  discussed  at  the  negotiation 
of  Ghent.  The  British  plenipotentiaries  had  given  a  notice  that  the  Bri- 
tish government  did  not  intend  hereafter  to  grant  to  the  people  of  the  Ignit- 
ed States  the  right  to  fish,  and  to  cure  and  dry  fish  within  tlie  exclusive  Bri- 
tish jurisdiction  in  America,  without  an  equivalent,  as  It  had  been  grant- 
ed by  the  treaty  of  peace  in  seventeen  iiundred  and  eighty -three.  The 
American  plenipotentiaries  had  given  notice,  in  return,  that  the  Ame- 
rican government  considered  all  the  rights  and  liberties  in  and  to  the 
fisheries  on  the  whole  coast  of  North  America,  as  sufficiently  secured  by 
the  possession  of  them,  which  had  always  been  enjoyed  previous  to  the 
revolution,  and  by  the  recognition  of  them,  in  the  treaty  ot  peace  in  1783, 
That  they  did  not  think  any  new  stipulation  necessary  for  a  further  confirm- 
ation of  the  right;  no  part  of  which  did  they  consider  as  having  been  for- 
feited by  the  war.  It  was  obvious,  that  the  treaty  of  peace  of  1783  was 
not  one  of  those  ordinary  treaties,  which,  by  the  usages  of  nations,  were 
held  to  be  annulled  by  a  subsequent  war  between  the  same  parties.  It  was 
not,  simply,  a  treaty  of  peace.  It  was  a  treaty  of  partition  between  two 
parts  of  one  nation,  agreeing  thenceforth  to  be  separated  into  two  distinct 
sovereignties.  The  conditions,  upon  which  this  was  done,  constituted,  es- 
sentially, the  independence  of  the  United  States,  and  the  preservation  of 
all  the  fishing  rights,  which  they  had  constantly  enjoyed  over  the  whole 
coast  of  North  America,  was  among  the  most  important  of  them.  This 
was  no  concession,  no  grant,  on  the  part  of  Great  Britain,  which  could  be 
annulled  by  a  war.  There  had  been,  in  the  same  treaty  of  1783,  a  right 
recognized  in  British  subjects  to  navigate  the  Mississippi.  This  ri^ht 
the  British  plenipotentiaries  at  Ghent,  had  considered  as  still  a  just  claim 
on  the  part  of  Great  Britain,  notwithstanding  the  war  that  had  intervened. 
The  American  plenipotentiaries,  to  remove  all  future  discussion  upon  both 
points,  had  offered  to  agree  to  an  article,  expressly  confirming  both  the 
rights.  In  declining  this,  an  offer  had  been  made  on  the  part  of  Great 
Britain,  of  an  article,  stipulating  to  negotiate  in  future,  for  the  renewal  of 
3 


rr^ 


18 


[71  ] 


both  the  righta./or  equivalents,  which  was  declined  by  the  American  plen- 
ipotentiaries, on  the  express  ground,  that  its  eifect  would  have  been  an 
implied  admission  that  tne  rights  had  been  annulled.  There  was,  there- 
fore, no  article  concerning  them  in  the  treaty,  and  the  question,  as  to  th6 
right,  was  not  discussed.  I  now  stated  the  ground  upon  which  the  govern- 
ment of  the  United  States  considered  the  right  as  subsisting  and  unim- 
paired. The  treaty  of  1783,  was,  in  its  essential  nature,  not  liable  to  be 
annulled  by  a  subsequent  war.  It  acknowledged  the  United  States  as  a 
sovereign  and  independent  povver.  It  would  be  an  absurdity,  inconsistent 
with  the  acknowleagment  itself,  to  suppose  it  liable  to  be  forfeited  by  a 
war.  The  whole  treaty  of  Ghent  did  constantly  refer  to  it  as  existing,  and 
in  full  force;  nor  was  an  intimation  given,  Ihat  any  further  confirniation  of 
it  was  supposed  to  be  necessary'.  It  would  be  ftir  the  British  government 
ultimately  to  determine,  how  tar  this  reasoning  was  to  be  admitted  as  cor- 
rect. There  were,  also,  considerations  of  poliry  and  expediency,  to  which 
I  hoped  they  wouldgive  suitable  attention,  before  tlipy  should  come  to  a 
final  decision  upon  this  point.  I  thought  it  my  duty  to  suggest  them,  that 
they  might  not  be  overlooked.  Tlie  subject  was  viewed,  by  my  country- 
men, as  highly  important,  and  I  was  anxious  to  omit  no  effort,  which  might, 
possibly,  have  an  influence  in  promoting  friendly  sentiments  between  the 
two  nations,  or  in  guarding  against  the  excitement  of  others.  These  fish- 
eries afforded  the  means  of  subsistence  to  nmltitudes  of  people,  who  were 
destitute  of  any  other.  They  also  affonled  the  means  of  remittance  to 
Great  Britain  in  payment  for  articles  of  her  manufactures,  exported  to 
America.  It  was  well  understood  to  be  the  policy  of  Great  Britain,  that 
no  unnecessary  Stimulus  should  be  given  to  the  manufactures  in. the  Unit- 
ed States,  which  would  diminish  the  imjiortation  from  those  of  Great  Bri- 
tain. But,  by  depriving  the  fishermen  of  the  United  States  of  this  source 
of  subsistence,  the  result  must  be,  to  throw  them  back  upon  the  country 
and  drive  them  to  the  resort  of  manufacturing  for  themselves;  while,  on 
the  other  hand,  it  would  cut  off  the  means  of  making  remittances  in  pay- 
ment for  the  manufactures  of  Great  Britain." 

"  I  thought  it  best  to  urge  every  consideration,  which  might  influence  a 
party  having  other  views  in  that  respect,  to  avoid  coming  to  a  collision 
upon  it.  I  would  even  urge  considerations  of  humanity.  I  would  say  . 
that  fisheries,  the  nature  of  which  was  to  multiply  the  means  of  subsistence 
to  mankind,  were  usually  considered,  by  civilized  nations,  as  under  a  sort 
of  special  sanction.  It  was  a  common  practice  to  have  them  uninterrupted 
even  in  time  of  war.  He  knew,  for  instance,  that  the  Dutch  had  been,  for 
centuries,  in  the  practice  of  fishing  upon  the  coasts  of  this  island,  and  that 
they  were  not  interrupted  in  this  occupation,  even  in  ordinary  times  of 
war.  It  was  to  be  inferred  from  this,  that,  to  interdict  a  fishery,  which 
has  been  enjoyed  forages,  far  from  being  an  usual  act  in  the  peaceable  re- 
lations between  nations,  was  an  indication  of  animosity,  transcending  even 
the  ordinary  course  of  hostility  in  war.  He  said  that  no  such  disposition 
was  entertained  by  the  British  government.  That  to  shew  the  liberality 
which  they  had  determined  to  exercise  in  this  case,  he  would  assure  me, 
that  the  instructions  which  he  had  given  to  the  officers  on  that  station  had 
been,  not  even  to  interrupt  the  American  fishermen,  who  might  have  pro- 
ceeded to  those  coasts,  within  the  British  jurisdiction,  for  the  present  year; 
to  allow  them  to  complete  their  fares,  but  to  give  them  notice  that  this  pri- 
vilege could  no  longer  be  allowed  by  Great  Britain,  and  that  they  must  not 
return  the  next  year.  It  was  not  so  much  the  fishing,  as  the  drying  and 
curing  on  the  shores,  that  had  been  followed  by  bad  consequences.  It  hap- 
pened that  our  fishermen,  by  their  proximity,  could  get  to  the  fishing  sta  ■ 


[71] 


10 


tions  sooner  in  the  geanon  than  the  British,  who  were  obliged  to  go  from 
Europe,  and  who,  upon  arriving  there,  found  all  the  best  fishing  places, 
and  tirying  and  curing  places,  pre-occupied.  This  had  often  given  rise  to 
disputes  and  quarrels  between  them,  which,  in  some  instances,  had  pro- 
ceeded  even  to  blows.  It  had  disturbed  the  peace  amonf;  the  inhabitants 
on  the  shores;  and,  for  several  years  before  the  war,  the  complaints  to  this 
government  had  been  so  great,  and  so  frequent,  tliat  it  had  been  impossible 
not  to  pay  regard  to  them.  I  said,  that  I  had  not  heard  of  any  sucn  com- 
plaints before,  but,  that  as  to  the  disputes  arising  from  the  competition  of 
the  fishermen,  a  remedy  could  surely,  with  ease,  be  found  for  them,  by 
suitable  regulations  of  the  government;  and  with  regard  to  the  peace  of  the 
inhabitants,  there  could  be  little  difficulty  in  securing  it,  as  the  liberty  en- 
joyed by  the  American  lishermen  was  limited  to  unsettled  and  uninhabited 
places,  unless  they  could,  in  the  others,  obtain  the  consent  and  agreement 
of  the  inhabitants." 

"  The  answer  which  was  so  promptly  sent  to  the  complaint  relative  to 
the  warning  of  the  fishing  vessels,  by  the  captain  of  the  Jaseur,  will,  proba- 
bly, be  communicated  to  you  before  you  will  receive  this  letter.  You  will 
see  whether  it  is  so  precise,  as  to  the  limits  within  which  th«y  are  determin- 
ed to  adhere  to  the  exclusion  ofour  fishing  vessels,  as  Lord  Bathurst's  ver- 
bal statement  of  it  to  me— namely,  to  the  extent  of  one  marine  league  from 
their  shores.  Indeed  it  is  to  the  curing  and  drying  upon  the  shore,  that  they 
appear  to  have  the  strongest  objection.  But  that,  perhaps,  is  because,  that 
they  know  the  immediate  curing  and  dryiiigof  the  fish,  a.s  soon  as  they  are 
taken,  is  essential  to  the  value,  if  not  to  the  very  prosecution  of  the  fishery. 
I  have  no  expectation  that  the  arguments  used  by  me,  either  in  support  of 
our  right,  or  as  to  the  policy  of  Great  Britain,  upon  this  question,  will 
have  any  weight  here.  Thouch  satisfied  of  their  validity  myself,  I  am 
persuaded  it  will  be  upon  the  determination  of  the  American  government, 
and  people,  to  maintain  the  right,  that  the  continuance  of  its  enjoyment 
will  alone  depend." 


Extract  of  a  letter  from  Mr,  Mams  to  Mr.  Monroe, 

LoNooK,  26th  September,  1815. 

"  I  have  the  honor  to  enclose  a  copy  of  a  letter  which  I  have  address- 
ed to  Lord  Bathurst  on  the  subjects  referred  to,  in  your  instructions  of 
21st  July,  and  concerning  which  I  had  on  the  14th  instant,  an  interview 
with  him,  the  account  of  which  was  reported  in  my  last  letter.  I  have 
not  yet  received  any  answer  to  either  of  those  which  I  addressed  to  Lord 
Castlereagh,  in  relation  to  the  slaves  carried  away,  in  violation  of  the 
first  article  of  the  treaty  of  Ghent." 


ig  sta 


Extract  of  a  letter  from  Mr.  Mams  to  Earl  Uathurst. 

Charles-street,  Westminster. 

25th  Septeinber,  1815. 

"In  the  conference  with  your  Lordship,  with  which  1  was  honored  on 
the  14th  instant,  I  represented  to  you,  conformably  to  the  instructions 


30 


[71] 


i^ 


i) 


I':!! 


utrhick  I  had  received  from  the  government  of  the  United  States,  the  pro- 
ceedings of  several  British  officers  in  America,  and  upon  the  American 
coast,  marked  with  charact«rs  incum|)atible,  not  only  with  those  arnica  • 
ble  relations,  which  it  is  the  earnest  desire  of  the  American  government 
to  restore  and  to  cultivate,  but  even  with  the  condition  of  peace,  which 
had  been  restored  between  the  two  countries,  by  the  treaty  of  Ghent. 

It  was  highly  satisfactory  to  be  informed,  that  the  conduct  of  captain 
Lock,  commander  of  the  sloop  of  war  Jaseur,  in  warning  American  fish- 
ing vessels  not  to  come  within  sixty  miles  of  the  coast  of  his  Majesty's 
possessions  in  North  America,  was  unauthorized,  and  that  the  instruc- 
tions to  the  British  officers  on  that  station,  far  from  warranting  such  a 
procedure,  had  directed  them  not  even  to  molest  the  Americfln  fishing 
vessels  which  midit  be  found  pursuing  that  occupation  during  the  pre- 
sent year.  In  ottering  a  just  tnbute  of  acknowleagment  to  the  fairness 
and  liberality  of  these  instructions  issued  from  your  Lordship's  office, 
there  only  remained  the  regret,  that  the  execution  had  been  so  different 
from  them  in  spirit,  so  opposite  to  them  in  ett'ect. 

But,  in  disavowing  the  particular  act  of  the  officer,  who  had  presumed 
to  forbid  American  fishing  vessels  from  approaching  within  sixty  miles  of 
the  American  coast,  and  m  assuring  me,  that  it  had  been  the  intention  of 
this  government,  and  the  instructions  given  by  your  Lordship,  not  even 
to  deprive  the  American  fishermen  of  any  of  their  accustoni'id  liberties, 
during  the  present  year,  your  Lordship  did  also  express  it,  as  tlie  intention 
of  the  British  government,  to  exclude  the  fishing  vessels  of  the  United 
States,  hereafter,  from  the  liberty  of  fishing  within  one  marine  league  of 
the  shores  of  all  the  British  territories  in  North  America,  and  from  that 
of  drying  and  curing  their  fish  on  the  unsettled  parts  of  those  territories, 
and,  with  the  consent  of  the  inhabitants,  on  those  parts  which  have  become 
settled  since  the  peace  of  1783. 

I  then  expressed  to  your  Lordship  my  earnest  hope,  that  this  deter- 
mination had  not  been  irrevocably  taken,  and  stated  the  instructions  which 
I  had  received  to  present  to  the  consideration  of  his  Majesty's  govern- 
ment the  grounds  upon  which  the  United  States  conceive  those  liberties 
to  stand,  and  upon  which  they  deem  that  such  exclusion  cannot  be  effect- 
ed without  an  infraction  of  the  rights  of  the  American  people. 

In  adverting  to  the  origin  of  these  liberties,  it  will  be  admitted,  I  pre- 
sume, without  question,  that,  from  the  time  of  the  settlements  in  North 
America,  which  now  constitute  the  United  States,  until  their  separation 
from  Great  Britain,  and  their  establishment  as  distinct  sovereignties,  these 
liberties  of  fishing,  and  of  drying  and  curing  fish,  had  been  enjoyed  by 
them,  in  common  with  the  other  subjects  of  the  British  empire.  In  point 
of  principle,  they  were  pre-eminently  entitled  to  the  enjoyment,  and,  in 
point  of  tact,  they  had  enjoyed  more  of  them,  than  any  "other  portion  of 
the  empire;  their  settlement  of  the  neigliboring  country  having  naturally 
led  to  the  discovery  and  improvement  of  these  fisheries,  and  their  proxi- 
mity to  the  places  where  they  are  prosecuted,  and  the  necessities  of  their 
condition,  having  led  them  to  the  discovery  of  the  most  advantageous  fish- 
ing grounds;  and  given  them  facilities  in  the  pursuit  of  their  occupation 
in  those  regions,  which  the  remoter  parts  of  the  empire  could  not  possess. 
It  might  be  added,  that  they  had  contributed  their  full  share,  and  more 
than  tneir  share,  in  securing  the  conquest  from  France,  of  tlie  provinces 
on  the  coasts  of  which  these  fislieries  were  situated. 

It  was,  doubtless,  upon  considerations  such  as  these,  that,  in  the  trea- 
ty of  peace,  between  His  Majesty  and  the  United  States,  of  1783,  an  ex- 


[71] 


31 


J iress  stipulation  was  inserted,  recognizing  the  rights  and  liberties  which 
lad  always  been  enjuved  by  the  people  ot  the  United  States  in  these  lish- 
cries,  and  declaring  that  they  should  continue  to  enjoy  the  right  of  fishing 
on  the  Grand  Huuk,  and  other  places  of  common  jurisdiction,  and  hare 
the  liberty  of  (ishinj;,  and  of  drying  and  curing  their  fish,  within  the  exclu< 
ttivc  British  jurisdiction,  on  the  North  American  coasts,  to  which  thej 
had  been  accustomed  while  themselves  formed  a  part  of  the  British  na- 
tion. This  stipulation  was  a  part  of  that  treaty,  by  which  his  Majesty  ac- 
knowledged the  United  States  as  free,  sovereign,  and  independent  States, 
and  that  ne  treated  with  them  as  such. 

It  cannot  be  necessary  for  me  to  prove,  my  Lord,  that  that  treaty  is 
not,  in  its  general  provisions,  one  of  those,  wliich,  Uy  the  common  under- 
standing and  usage  of  civilized  nations  is,  or  can  be  considered  as  an- 
nulled by  a  subsequent  war  between  die  same  parties.  To  suppose  that 
it  is,  would  imply  the  inconsistency  and  absurdity  uf  a  sovereign  and  in- 
dependent state,  liable  to  forfeit  its  right  of  sovereignty,  by  the  act  of  ex- 
ercising it  on  a  declaration  of  war.  But  the  very  words  of  the  treaty  at- 
test, that  the  sovereignty  and  independence  of  the  United  States  were  not 
considered  or  understood  as  giants  fiiini  his  Majesty.  They  were  taken 
and  expressed  as  existing  before  the  treaty  was  made,  and  as  then  only 
first  formally  recognized  and  acknowledged  by  Great  Britain. 

Precisely  of  the  same  nature  were  the  rights  and  liberties  in  the  fisheries 
to  which  I  now  refer.  They  were,  in  no  respect,  grants  from  the  King 
of  Great  Britain  to  the  United  States;  but  the  acknowledgment  of  them, 
as  rights  and  liberties  enjoyed  before  the  separation  of  the  two  countries, 
and  which,  it  was  mutually  agreed,  should  continue  to  be  enjoyed  under 
Uie  new  relations  which  were  to  subsist  between  them,  constituted  tlie  es- 
sence of  the  article  concerning  the  fisheries.  The  very  peculiarity  of  the 
stipulation  is  an  evidence  that  it  was  not,  on  either  side,  understo(»d  or  in- 
tended as  a  grant  from  one  sovereign  state  to  another.  Had  it  been  so  un- 
derstood, neither  could  the  United  States  have  claimed,  nor  would  Great 
Britain  have  granted  gratuitously  any  such  concession.  There  was  no- 
thing, either  in  the  state  of  things,  or  in  the  disposition  of  the  parties, 
which  could  have  led  to  such  a  stipulation,  as  on  the  ground  of  a  grant, 
without  an  equivalent,  by  Great  Britain. 

Yet  such  is  the  ground  upon  which  it  appears  to  have  been  contempla- 
ted, as  resting,  by  the  British  government,  when  their  plenipotentiaries  at 
Ghent,  communicated,  to  those  of  the  United  States,  their  intentions  as  to 
the  North  American  fisheries,  viz:  "  That  the  British  government  did  not 
intend  to  grant  to  the  United  States,  gratuitously,  the  privileges  formerly 
granted  by  treaty  to  them,  of  fishing  within  the  limits  of  the  British  so- 
vereignty, and  ot  using  the  shores  of  the  British  territories  for  purposes 
connected  with  the  British  fisheries." 

These  are  the  words  in  which  the  notice,  given  by  them,  is  recorded  in 
the  protocol  of  conference  of  the  8vh  of  August,  1814.  To  this  notice  the 
American  plenipotentiaries  first  answered,  on  the  9th  of  August,  that 
tliey  had  no  instructions,  from  their  government,  to  negotiate  upon  the 
subject  of  the  fisheries,  and  afterwards,  in  tlieir  note  of  10th  November, 
1814,  they  expressed  themselves  in  the  following  terms: 

"  In  answer  to  the  declaration  made  by  the  British  plenipotentiaries, 
respecting  the  fisheries,  the  undersigned,  referring  to  what  passed  in  the 
conference  of  the  9th  of  August,  can  only  state,  that  they  are  not  authori- 
zed to  bring  into  discussion  any  of  the  rights,  or  liberties,  which  the  Unit- 
ed States  have  heretofore,  enjoyed  in  relation  thereto.    From  their  nature, 


k 


22 


[71  ] 


I' 


% 
it 


and  from  the  peculiar  character  of  the  treaty  of  1783,  by  which  they  were 
recognized,  no  furUier  sti(>ulatiou  ha»  been  deemed  necessary,  by  the  go- 
vernment of  the  United  hjlateu,  to  entitle  them  to  the  full  enjoyment  of  all 
of  them." 

If  the  stipulation  of  the  treaty  of  1783,  was  one  of  the  conditions  by 
which  his  majesty  acknowledged  the  sovereignty  and  independence  of  the 
United  States,  if  it  was  the  mere  recognition  of  riglits  and  liberties  pre- 
viously existing,  and  enjoyed,  it  was  neither  a  privilege  gratuitously  grant- 
ed, nor  liable  to  be  forfeited  by  the  mere  existence  oi  a  subsequent  war.  If 
it  was  not  forfeited  by  the  war,  neither  could  it  be  impaired  by  the  declara- 
tion of  Great  Britain,  that  she  did  not  intend  to  renew  the  grant.  Where 
there  had  been  no  gratuitous  concession,  there  could  be  none  to  renew;  the 
rights  and  liberties  of  the  United  States  could  not  be  cancelled  by  the 
declaration  of  Greut  Britain's  iutentions.  Nothing  could  abrogate  them 
but  the  renunciation  of  them  by  the  United  States  themselves. 

Among  the  articles  of  that  same  treatv,  of  1783,  there  is  one,  stipulat- 
ing that  the  subjects  and  citizens  of  both  nations  shall  enjoy,  forever,  the 
right  of  navigating  the  river  Mississippi,  from  its  sources  to  the  ocean. 
And  althougn,  at  the  period  of  the  negotiati<*ns  of  Ghent,  Great  Britain 
posi'essed  no  territory  upon  that  river,  yet  the  British  plenipotentiaries,  in 
their  tirst  note,  considt  red  Great  Britain  as  still  entitled  to  claim  the  free 
navigation  of  it,  without  oftering  for  it  any  equivalent.  And,  afterwards, 
when  offering  a  boundary  line,  which  would  have  abandoned  every  preten- 
sion, even  to  any  future  possession  on  that  river,  they  still  claimed,  not 
only  its  free  navigation,  but  a  right  of  access  to  it,  from  the  British  do- 
minions in  North  America,  through  the  territories  of  the  United  States. 
The  American  plenipotentiaries,  to  foreclose  the  danger  of  any  subsequent 
misunderstanding  and  discussion  upon  either  of  these  points,  proposed  an 
article  recognizing  anew  the  liberties  on  both  sides.  In  dechning  to  ac- 
cept it,  the  British  plenipotentiaries  proposed  an  article  engaging  to  nego- 
tiate, in  future,  for  the  renewal  of  both,  for  equivalents  to  be  mutually 
granted.  This  was  refused  by  the  American  plenipotentiaries,  on  the  a- 
vowed  principle,  that  its  acceptance  would  imply  the  admission,  on  the 
part  of  tne  United  States,  that  their  liberties  in  the  fisheries,  recognized 
by  the  treaty  of  1783,  had  been  annulled,  which  they  declared  themselvec 
in  no  manner  authorized  to  concede. 

Let  it  be  supposed,  my  Lord,  that  the  notice  given  by  the  British  pleni- 
potentiaries, in  relation  to  the  fisheries,  had  been  in  reference  to  another 
article  of  the  same  treaty.  That  Great  Britain  had  declared,  she  did  not 
intend  to  grant  again,  gratuitously,  the  grant  in  a  former  treaty  of  peace, 
acknowledging  the  United  States  as  free,  sovereign,  and  independent 
states;  or,  that  she  did  not  intend  to  grant,  gratuitously,  the  same  boun- 
dary line,  which  she  had  granted  in  the  former  treaty  ot  peace.  Is  it  not 
obvious,  that  the  answer  would  have  been,  that  the  United  States  needed 
no  new  acknowledgment  of  their  independence,  nor  any  new  grant  of  a 
boundary  line.  That,  if  their  independence  was  to  be  forfeited,  or  their 
boundary  line  curtailed,  it  could  only  be  by  their  own  acts  of  renunciation, 
«r  of  cession,  and  not  by  the  declaration  of  the  intentions  of  another  go- 
vernment? And,  if  this  reasoning  be  just,  with  regard  to  the  other  arti- 
cles of  the  treaty  of  1783,  upon  what  principle  can  Great  Britain  select 
one  article,  or  a  part  of  one  article,  and  say  this  particular  stipulation  is 
liable  to  forfeiture  by  war,  or  by  the  declaration  of  her  will,  while  she 
admits  the  rest  of  the  treaty  to  be  permanent  and  irrevocable?  In  the 
negotiation  of  Glieut,  Great  Britain  did  propose  several  variations  of  the 


gested  S( 

ship, tha 

to  the  su 

scrvance 

highest  f> 

America 

nature  \\i 

fort  and 

Mliich,  fa 

result  of 

and  labot 

tence  to  i 

life  had  h 

lotted  th< 

numerous 

payment 

from  the  i 

and  recei 

classes  of 

benefit  an 

share  of  f 

from  the  i 

had,  for  aj 

fish  upon  \ 


key  were 
y  the  j^o- 
ent  of  all 

itions  by 
ice  of  the 
rties  prc- 
ily  grant- 
It  war.  If 
i  declara- 
t.  Where 
enew;  the 
ed  by  the 
gate  them 

,  stipulat- 
rever,  the 
he  ocean, 
at  Britain 
itiaries,  in 
m  the  free 
fterwards, 
ry  pre  ten - 
limed,  not 
British  do- 
ted States, 
mbsequent 
^oposed  an 
ing  to  ac- 
ig  to  nego- 
!  inutuiuly 
on  the  a- 
on,  art  the 
ecognized 
emselvec 


boundary  line,  but  Hhe  never  intimated  that  she  considered  the  line  of  th« 
treaty  of  17B3  as  forfeited  by  the  war,  or  that  its  varintion  wtul  1  be  ef- 
fected by  the  mere  declaration  of  her  intentions.  She  perfectly  uikIit- 
stood,  that  no  alteration  of  that  line  could  be  eftVcted  but  by  the  exurens 
assent  of  the  United  States,  and,  when  she  finally  determined  to  abide  by 
the  same  line,  neither  the  Britinh,  nurthe  American  plenipotentiaries,  con- 
ceived that  any  new  contlrmation  of  it  was  necessary.  The  treaty  of 
Ghent,  in  every  one  of  its  essential  articles,  refers  to  that  of  1783,  as  be- 
ing still  in  full  force.  The  object  of  all  its  articles,  relative  to  the  boun- 
dary, is  to  ascertain,  with  more  precision,  and  to  carry  into  effect  the  pro- 
visions of  that  prior  compact.  The  treaty  of  1783,  is,  by  a  tacit  undor- 
standing  between  the  parties,  and  without  any  positive  stipulation,  con- 
stantly referred  to  as  the  fundamental  law  of  tne  relations  between  the 
two  nations.  Upon  what  ground,  then,  can  Great  Britain  assume  that  one 
particular  stipulati(m  in  that  treaty,  is  no  longer  binding  upon  her? 

"  Upon  this  foundation,  my  Lord,  the  government  of  th*^  United  States 
consider  the  people  thereof  as  fully  entitled,  of  right,  to  all  the  liberties 
in  the  North  American  fisheries,  which  have  always  belonged  to  them} 
which,  in  the  treaty  of  1783,  were,  by  Great  Britain,  recogni/.ed  as  be- 
longing to  them;  and  wliicfi  they  never  have,  by  any  act  of  theirs,  con- 
sented to  renounce.  With  these  views,  slioulil  Great  Britain  ultimately 
determine  to  deprive  them  of  the  enjoyment  of  these  liherties  by  force,  it 
is  not  for  me  to  say  wliother,  or  for  what  length  of  time,  tliey  would  sub- 
mit to  the  bereavement  of  that  which  they  would  still  hold  to  be  their  un- 
questionable right.  It  is  my  duty  to  hope,  that  such  ineaKurcs  will  not  be 
deemed  necessary  to  be  resortecl  to  on  the  part  of  Great  Britain;  and  to 
state,  that,  if  they  should,  they  cannot  impair  the  right  of  the  people  of 
the  United  States  to  the  liberties  in  question,  so  long  as  no  fornial  and  ex- 
press assent  of  Hheips  shall  manifest  their  acquiescence  in  the  privation. 

"  In  the  interview  with  which  your  Lorihhip  recently  favored  me,  I  sug- 
gested several  other  considerations,  with  the  hope  of  convincing  your  Lord- 
ship, that,  independent  of  the  question  of  rigorous  right,  it  would  conduce 
to  the  substantial  interests  of  Great  Britain  liers^^lf,  as  well  as  to  the  ob- 
servance of  those  principles  of  benevolence  and  humanity,  which  it  is  the 
highest  glory  of  a  great  and  powerful  nation  to  respect,  to  leave  to  the 
American  fishermen  the  participation  of  those  benefits  which  the  bounty  of 
nature  has  thus  spread  before  them;  which  are  so  necessary  to  their  com- 
fort and  subsistence;  which  they  have  constantly  enjoyed  hitherto;  and 
wliich,  far  from  operating  as  an  injury  to  Great  Britain,  had  the  ultimate 
result  of  pouring  into  her  lap  a  great  portion  of  the  profits  of  their  hardy 
and  laborious  industry.  That  these  fisheries  Jiftbrded  the  means  of  subsis- 
tence to  a  numerous  class  of  people  in  the  United  States,  whose  habits  of 
life  had  been  fashioned  to  no  other  occupation,  and  whose  fortunes  had  al- 
lotted them  no  other  possession.  That  to  another,  and,  perhaps,  equally 
numerous  class  of  our  citizens,  they  afforded  the  means  of  remittance  and 
payment  for  the  productions  of  British  industry  and  ingenuity,  imported 
from  the  manufactures  of  this  United  Kingdom.  That,  by  tne  common 
and  received  usages  among  civilized  nations,  fishermen  were  among  those 
classes  of  human  society  whose  occupations,  contributing  to  the  general 
benefit  and  welfare  of  the  species,  were  entitled  to  a  more  than  ordinary 
share  of  protection.  That  it  was  usual  to  spare  and  exempt  them  even 
from  the  most  exasperated  conflicts  of  national  hostility.  That  this  nation 
had,  for  ages,  permitted  the  fishermen  of  another  country  to  frequent  and 
~sh  upon  the  coastsof  this  Island,  without  interrupting  them,  even  in  timet 


34 


[71] 


of  ordinary  war.  Thai  the  resort  of  American  fisliermen  to  Ihe  banen, 
uninhabited,  and,  for  tlic  great  part,  uninhabitable  locks,  on  the  coasts  of 
Nova  Scotia,  the  Gulf  of  St.  Lawrence,  and  Labrador,  to  use  them  occa- 
sionally for  the  only  purposes  of  utility  of  which  they  are  susceptible,  if  it 
must,  in  its  nature,  subject  British  fishermen,  on  the  same  coasts,  to  th« 
partial  inconvenience  of  a  fair  competition,  yet  produces,  in  its  result,  ad- 
vantages to  other  British  interests  equally  entitled  to  the  regard  and  fos- 
tering care  of  their  Sovereign.  By  attributing  to  motives  derived  from 
such  sources  as  the:e,  the  i-ecognition  of  these  liberties  by  his  Majesty's  go- 
vernment, in  the  treaty  of  1783,  it  would  be  traced  to  an  origin  certainly 
more  conformable  to  the  fact,  and  surely  more  honorable  to  Great  Britain, 
than  by  ascribing  it  to  the  improvident  grant  of  an  unrequited  privilege,  or 
to  a  concession  extorted  from  the  humiliating  compliance  of  necessity. 

"  In  repeating,  with  earnestness,  all  these  suggestions,  it  is  with  the  hope 
that,  from  some,  or  all,  of  them,  his  Majesty's  government  will  conclude 
the  justice  and  expediency  of  leaving  the  North  American  fisheries  in  tlie 
state  in  which  they  have,  heretofore,  constantly  existed;  and  the  fishermen 
of  the  United  States  unmolested  in  the  enjoyment  of  .their  liberties." 


J^Ir.  Adams  to  Mr.  Monroe, 

LoNDox,  31s<  Oc/ofcff,  1815. 

Sir:  I  have  the  honor  to  enclose  coj)ies  of  two  papers  received 
from  Lord  Rathurst,  relative  to  the  taking  and  carrying  away  of 
slaves  from  the  United  States  by  the  ISritisli  naval  commander,  in 
violation  of  the  first  article  of  the  treaty  of  Ghent,  aifd  also  by  «iii 
abuse  of  the  privilege  allowed  to  a  Hag  of  (ruce. 
I  have  the  liwnor  to  he,  respectfully, 

Sir,  your  very  humble,  and  obedient  servant, 

JOHN  (^llNCY  ADAMS. 


Lord  Batfnirst  to  Mr,  Adams. 

FouEiGN  Office,  October  25,  1815. 

The  imderslgned,  one  of  his  Majesty's  principal  Secretaries  of 
State,  has  had  the  lionor  to  receive  Mr.  Adams's  letters  of  the  9tli 
of  August,  and  5th  of  September  last,  the  first  of  which  recites  the 
first  article  of  the  treaty  of  Ghent,  and  requires  "  that  his  Majesty's 
naval  commanders,  who,  at  the  restoration  of  peace  between  the 
United  States  and  Great  Britain,  were  stationed  on  the  American 
coast,  should  restore  the  slaves  taken  by  them  from  their  owners  in 
the  United  States  duiing  the  war,  and  then  in  their  possession.' 

This  claim  is  set  up  in  consequenccof  the  following  interpretation, 
which  is  given  to  the  first  article  of  the  said  treaty,  by  the  govern- 
ment of  the  United  States,  in  as  far  as  it  relates  to  slaves  and  private 
property,  luunely.  *•  That,  in  evacuating  all  places  within  the  juris- 
diction tif  tite  United  States,  and,  in  departing  from  their  waters,  the 


C71] 


99 


the  banett, 
he  coasts  of 

them  occa- 
eptible,  if  it 
oasts,  to  th« 
3  result,  ad- 
ard  and  fos- 
crived  from 
[ajesty's  go- 
;in  certainly 
reat  Britain, 
privilege,  or 
icessity. 
vith  the  hope 
ill  conclude 
lieries  in  flie 
lie  fishermen 
icrties." 


[>fr,  1815. 

ers  received 

r»g  away  of 

unandei',  in 

also  by  «ia 


I'ant, 
ADAMS. 


25,  1815. 
cretaries  of 
s  of  the  9tU 
I  recites  the 
is  Majesty's 
between  the 
le  American 
ir  owners  in 
fssion.' 
tcrpretation, 
the  govern- 
)  and  private 
lin  the  juris- 
r  waters,  the 


British  commanders  were  bound  not  to  carry  away  any  slaves,  or 
other  private  property  of  the  citizens  of  the  United  States,  which  had 
been  taken  up  on  their  shores:"  and  it  takes  its  origin  from  a  differ- 
ent construction  of  the  same  article  of  the  treaty,  by  his  Majesty's 
naval  ofliccrs  on  the  coast  of  America,  who,  (according  to  Mr.  Mon- 
roe's letter  to  Mr.  Baker,  of  the  1st  of  April.)  contend,  that  **  Slaves 
and  other  private  property.,  are  comprised  under  the  same  regulation 
with  artillery,  and  other  public  property,  and  that  none  ought,  in 
consequence,  to  be  restored,  except  such  as  were,  at  the  time  of  the 
exchange  of  the  ratifications  of  the  treaty,  in  the  forts  and  places 
where  they  were  originally  taken." 

The  arguments  brought  forward  by  the  American  government,  in 
support  of  their  understanding  of  the  first  article  of  the  treaty  of 
Ghent,  rest  partly  upon  the  wording  of  the  article  itself,  and  partly 
upon  such  collateral  evidence  as  may  be  deduced  from  the  intention 
of  the  negotiators  at  the  time  they  drew  up  that  article. 

The  undersigned  need  not  remind  Mr.  Adams  of  the  inconvenience 
whicli'would  result,  were  the  parties,  upon  whom  treaties  are  bind- 
ing, to  recur  to  the  intentions  of  the  ne.^rotiators  of  such  treaty,  in- 
stead of  taking  as  their  guide  the  context  of  the  treaty  itself,  on  any 
point  of  controversy  respecting  it. 

The  undersigned  is,  however,  willing  to  waive  this  objection. 

In  this  instance,  it  would  appear  that  the  alteration  in  the  original 
article,  proposed  by  the  British  Commissioners,  was  introduced  by 
a  verbal  amendment  suggested  by  the  American  Pleni|^tentiaries. 
Many  alterations  of  this  kind  took  place,  sometimes  at  the  sugges* 
tion  of  one  party,  and  sometimes  of  the  other.  But  it  surely  is  not 
meant  to  be  inferred  from  this,  that  a  change  of  phrase,  professedly 
verbal,  is  to  be  taken  as  necessarily  denoting  or  importing  an  ad- 
mitted change  of  construction.  It  is  certainly  possible,  that  one  party 
may  propose  an  alteration,  with  a  mental  reservation  of  some  con- 
struction of  his  own,  and  tliat  he  may  assent  to  it,  on  a  firm  persua- 
sion, that  the  construction  contint;<;s  to  be  the  same,  and  that,  there- 
fore, he  may  conciliate,  and  yet  ccicede  nothing  by  giving  his  assent. 
I'he  proposed  alteration  was  considered  as  merely  verbal;  no  suspi- 
cion appears  to  have  been  entertained,  that  it  changed  the  stipulation 
as  originally  introduced;  and  it  is  not  averred  that  the  American 
Plenipotentiaries  then  thought  of  the  construction  now  set  up  by 
their  government.  The  meaning  of  the  British  negotiators  is  admit- 
ted to  have  been  made  quite  api>arent  by  their  projet,  and,  as  nothing 
passed  indicative  of  any  objection  to  it,  on  the  part  of  the  American 
Commissioners,  or  of  any  depai'ture  from  it  by  the  British  negotia- 
tors, when  tlie  alteration  was  suggested  by  one  party,  and  acceded  to 
by  the  other,  and,  as  there  was  no  discussion  on  the  propriety  of 
making  the  restitution  more  extensive  as  to  slaves,  and  other  private 
property,  than  as  to  the  other  property  mentioned,  tlie  undersigned 
cannot  subscribe  to  the  conclusions  which  Mr.  Adams  and  his  go- 
vernment have  drawn  from  this  manner  of  viewing  the  subject. 

The  undersigned  will  now  proceed  to  examine  that  part  of  the  sub- 
jf)ct  which  regards  the  construction  that  has  been  given  to  the  con- 


!,*- 


t 


rP' 


»» 


[71] 


text  of  the  article  in  question,  by  tlic  government  of  the  United 
States. 

By  the  first  article  of  the  treaty,  it  is  stipulated,  that "  there  shall 
be  a  firm  and  uniteisal  peace  between  liis  Britannic  Majesty  and  the 
United  States,  and  between  their  respective  countries,  territories,  ci- 
ties, towns,  and  people  of  every  degree,  without  exception  of  places 
or  persons.  All  hostilities,  both  by  sea  and  land,  shall  cease  as  soon 
as  this  treaty  shall  have  been  ratified  by  both  parties,  as  hereinafter 
mentioned.  All  territory,  places,  and  possessions,  whatsoever,  taken 
by  either  party  from  the  other  during  the  war,  or  which  may  be  taken 
after  the  signingof  this  treaty,  excepting  only  the  islands  hereinafter 
mentioned,  shall  be  restored  without  delay,  and  without  causing  any 
destruction,  or  carrying  away  of  any  of  the  artillery,  or  other  public 
property,  originally  captured  in  said  ports  or  places,  and  which  shall 
remain  therein  upon  the  exchange  of  the  ratifications  of  this  treaty, 
or  any  slaves  or  other  private  property.  And  all  archives,  records, 
dee<ls,  and  papers,  either  of  a  public  nature,  or  belonging  to  private 
persons,  which,  in  the  course  of  the  war,  may  have  fallen  into  the 
hands  of  the  oHicers  of  either  party,  shall  be,  as  far  as  may  be  prac- 
ticable, forthwith  restored  and  d«>livercd  to  the  proper  authorities 
and  persons  to  whom  tliey  respectively  belong." 

**  Such  of  the  islands  in  the  bay  of  Passamaquoddy  as  are  claimed 
by  both  parties,  shall  remain  in  tlie  possession  of  the  party  in  whose 
occupation  they  may  be  at  the  time  of  the  exchange  of  the  ratifica- 
tions of  this  treaty,  until  the  decision  respecting  the  title  to  the  said 
islands  shall  have  been  made  in  conformity  with  the  fourth  article  of 
this  treaty." 

**  No  disposition  made  by  this  treaty,  as  to  such  possession  of  the 
islands  and  territories  claimed  by  both  parties,  shall,  in  any  manner 
■whatsoever,  be  construed  to  affect  the  right  of  either." 

T\\(i  main  purport  of  the  first  article  in  the  former  part  of  it,  re- 
lates to  the  general  pacification,  and,  in  the  latter  part  of  it,  to  some 
of  the  direct  consequences  on  the  territorial  possessions  of  the  two 
countries,  and  the  property  within  such  possessions.  As  to  the  public 
property  in  the  posts  or  places  to  be  restored,  it  provides,  that,  if  it 
shall  have  the  double  condition  annexed  to  it,  of  having  been  origi- 
nally captured  therein,  and  of  remaining  therein  when  the  ratifica- 
tions are  exchanged,  then  such  property  is  to  be  restored,  and  it  is 
not  to  be  destroyed,  or  carried  aw  ay. 

It  would  surely  have  been  unusual  and  unreasonable  to  have  stip- 
ulated for  the  restitution  of  any  property,  which  never  had  belonged 
to  the  fort  or  place,  or  which  had  been  already  destroyed,  or  carried 
away,  so  as  no  longer,  in  fairness,  to  have  been  considered  as  belong- 
ing to  it,  for  it  would  seem  to  have  no  connection  with  the  subject- 
matter  of  that  part  of  the  article  in  which  the  stipulation  concerning 
it,  must  be  supposed  to  occur.  As  to  public  property,  it  appears 
quite  plain,  that  the  carrying  away  here  spoken  of,  is  from  the  fort, 
or  place  to  which  it  belonged,  and  from  no  other;  for  the  condition 
^vhich  is  admitted  to  apply  to  that,  would  otherwise  have  no  applica^ 
riun  at  all.   And  no  sound  reason  can  be  given,  why  the  condition 


M 

limi 

tob 

' 

higt 
rest 

Stal 

thei 

ing 
oft 

oft 

whc 

muF 

■ 

plie 

J 

ver 

as  1 

[71  ] 


37 


he  United 

there  shall 
ty  and  the 
■itonea,  ci- 
of  places 
ise  as  soon 
lereinafter 
ver,  taken 
ly  be  taken 
lereinafter 
iusing  any 
ther  public 
vhich  shall 
lis  treaty, 
i,  records, 
to  private 
n  into  the 
y  be  prac- 
luthorities 

re  claimed 
y  in  whose 
c  ratifica- 
\i  the  said 
article  of 

»ion  of  the 
ly  manner 

of  it,  re- 
it,  to  some 
f  the  two 
the  public 

that,  if  it 
een  origi- 
e  rati  flea- 

and  it  is 

have  stip- 
belonged 
>r  carried 
is  belong- 
c  subject- 
mcerning 
appeal's 
1  the  fort, 
condition 
>  applica- 
conilition 


might  not,  in  both  its  branches,  apply  as  well  to  private^  as  to  public 
property,  provided  the  construction  would  fairly  admit  of  it.  Both 
parties  appear  to  agree  to  the  conditions  which  relate  to  public  pro- 
perty. But,  then  immediately  follows,  in  the  same  sentence,  the 
words  "  or  any  slaves,  or  other  private  property,"  and  here  tho 
question  is,  whether  slaves  and  other  private  property  are  to  be  res- 
tored under  the  same  limitation,  provided  in  the  same  article,  and  in 
that  part  of  it,  which  immediately  precedes  the  words  in  question,  or 
whether  they  are  to  be  restored  under  different  provisions. 

In  tlie  first  place,  the  words  do  not  admit  of,  nor  is  it  contended  by 
either  party  that  there  is,  any  distinction,  whatever,  made  in  this  ar- 
ticle, between  slaves  and  other  jirivate  property.  They  are  incontes- 
tibly  placed  on  the  same  footing,  and  whatever  stipulations  in  this 
article  apply  to  slaves,  as  one  description  of  private  property,  must» 
of  necessity,  apply  equally  to  all  other  private  property  referred  to 
in  the  article. 

The  question  then  is.  Under  what  conditions  is  it  stipulated  that 
private  property,  (slaves  inclusive,)  is  to  bo  restored?  If  it  be  con- 
tended, that,  by  the  position  of  the  words  in  this  article,  private  (pro- 
perty is  released  from  all  the  conditions  under  whicii  it  is  admitted 
that  public  property  is  to  be  restored,  the  restitution  becomes  in  that 
case  unconditional.  But  Mr.  Monroe  does  not  contend  for  an  un- 
conditional restitution,  and  therefore  seems  to  admit,  that  the  stipu- 
lation respecting  private  property  is  not  a  new  and  substantial  stipu- 
lation, independent  of  preceding  words,  but  that  the  words  *' carry- 
ing away,''  which,  in  the  preceding  part  of  the  sentence,  apply  to  the 
restitution  of  public  property,  apply  equally  to  the  restitution  of  pri- 
vate property.  But,  if  the  words  "carrying  away,"  apply  to  pri- 
vate as  well  as  to  public  property,  how  entirely  arbitrary  it  is  to 
say,  that  the  intervening  words  do  apply  to  the  one,  and  do  not  apply 
to  the  other,  although  the  words  **  carrying  away,"  grammatically 
govern  both.  Admitting,  however,  this  arbitrary  construction,  still 
it  would  be  more  extensive  than  that  for  which  Mr.  Monroe  con- 
tends. For,  in  case  there  could  be  no  limitation  assigned,  as  to  the 
place  where  the  private  property  was  originally  captured,  nor  any 
limitation  as  to  the  place  tVoni  whence  the  privsite  property  was  not 
to  be  carried  away,  all  merchant  vessels,  therefore,  captured  on  the 
high  seas,  and  their  efTectb,  must,  according  to  this  construction,  bo 
restored,  even  if  they  ahonid  not  be  within  the  limits  of  tiie  United 
States,  at  the  time  of  the  exchange  of  the  ratifications.  Neither  could 
there  be  any  limitation  as  to  the  time  subsequent  to  which  the  carry- 
ing away  is  not  to  take  place.  It  must  be  from  tho  commencement 
of  the  war,  or  from  the  signature  of  the  treaty,  or  from  the  exchange 
of  the  ratifications:  whereas,  Mr.  Monroe  contends,  that  tiie  places 
where  they  had  been  originally  captured,  the  places  from  wlieisce  they 
must  not  be  carried  away,  and  the  period  to  which  this  limitation  ap- 
plies, arc  all  ascertained  by  the  first  article. 

Accoiiling  to  the  construction  of  this  article  by  the  American  go* 
verninent,  the  private  property,  in  contemplation,  is  limited  to  such 
as  had  been  originally  captured  within  tiio  territories  of  the  United 


r 


^  * 


28 


[71] 


€" 


Stfttest  and  sach  property,  so  captured,  must  not  be  carried  away 
after  the  exchange  of  the  ratifications,  not*  from  any  place  within  the 
limits  of  the  United  States,  whether  this  private  property  be,  at  that 
period,  in  American  ports,  or  British  ships  of  war,  or  British  vessels. 

But  if  the  first  article  provide  for  all  these  stipulations,  one  of 
them,  placing  private  property  on  the  same  footing  as  that  un  which, 
by  the  same,  public  property  is  placed,  and  the  others  establislitng 
dissimilar  conditions,  it  is  impossible  to  look  at  those  passages  in  this 
first  article,  which  can  alone  be  made  ^o  apply  to  such  provisions, 
and  not  be  at  once  satisfied  that  these  limitations  cannot  be  extracted 
without  such  omissions  and  interpolations,  as  the  undersigned  is  per- 
suaded that  it  is  not  the  intention  of  the  American  govei'nnient  to 
maintain.  As  to  the  application  of  this  article  to  pi-ivi<te  property, 
on  ship  board,  neither  does  the  first  article  itself,  nor  did  any  discus- 
sion respecting  it,  express  or  refer  to  any  such  restitution  uf  property 
remaining  in  British  ships  of  war  or  British  vessels.  There  are  nut 
only  no  words  in  the  article,  which  stipulate  such  a  provision,  hut 
there  is  a  provision  in  the  second  article,  which  stipulates  the  contra- 
ry. By  the  second,  the  conditions  are  stipulated  on  which  vessels 
and  their  effects  are  to  be  restored.  They  are  to  be  restored,  if  the 
vessels  be  not  captured,  until  after  a  given  time  from  the  exchange  of 
the  ratifications.  If  the  vessels  were  captured  previous  to  the  time 
limited,  neither  they,  nor  their  effects,  are  to  be  restored,  wherever 
such  vessels,  with  their  effects,  may  be,  although  they  should  be  within 
the  limits  of  the  United  States;  yet,  according  to  the  stipulations  of 
the  second  article,  which  have  a  direct  application  to  private  proper- 
ty, on  ship  board,  if  they  have  been  captured  within  a  limited  time, 
they  may  be  carried  away  at  any  subsequent  period,  without  refer- 
ence to  the  exchange  of  the  ratifications. 

To  Mr.  Monroe's  observation,  that  destruction,  in  the  first  arti- 
cle, cannot  apply  to  slaves,  it  might  be  sufficient  to  auriwer,  that 
the  expression  may  certainly  apply  to  other  private  property,  and 
that  the  stipulations  which  apply  to  the  one,  must  apply  to  the  other; 
but  the  observation  is,  in  truth,  not  material  to  the  question  at  is- 
sue, because  the  point  in  dispute  is  not  with  reference  to  private 
property  destroyed,  but  to  private  property  carried  away,  which 
words,  it  is  admitted,  do  apply  to  slaves  and  other  private  property. 
The  question  then  seems  to  be  this:  Is  that  construction  the  true 
one  which  is  the  most  simple,  and  is  grammatically  correct,  and 
was  that  which,  it  is  admitted,  one  of  the  contracting  parties  in- 
tended, and  against  which  the  other  did  not  at  the  time  object;  or  is 
that  construction  to  be  adopted  which  was  not  at  the  time  profess- 
ed, which  the  words  in  the  article  do  not  express,  and  which  is  in 
contravention  of  the  article  which  immediately  follows  it? 

In  this  alternative,  the  undersigned  has  no  hesitation  in  commu* 
nicating  to  Mr.  Adams,  that  the  British  government  is  under  the  ne- 
cessity of  adhering  to  the  construction  of  the  disputed  point,  in  the 
first  article  of  the  treaty  of  Ghent,  as  set  forth  in  this  note,  much 
as  it  has  to  regret,  that  that  construction  should  differ  so  widely 
from  that  of  the  government  of  the  United  States. 


/ 


[71] 


29 


ed  away 
rithin  the 
!,  at  that 
I  vessels. 
s,  one  of 
n  which, 
iblishing 
es  in  this 
ovisionsy 
jxtracted 
d  is  per- 
nment  to 
jroperty, 
y  discus- 
property 
e  are  not 
sion,  hut 
e  contra- 
il vessels 
d,  if  the 
change  of 

the  time 
wlierever 
)e  within 
itions  of 

proper- 
:cd  timCf 
ut  refer- 

rst  arti- 
er, that 
ty,  and 
le  other; 
n  at  is- 
private 
which 
roperty. 
the  true 
ectf  and 
ties  in- 
:t;  or  is 
profess- 
h  is  in 

commiu 
•  the  iic- 
in  the 
;,  much 
widely 


The  undersigned  requests  Mr.  Adams  to  accept  the  assurances  of 
his  high  consideration. 

BATHURST.* 


1 1 


.:a. 


Mr,  Adams  to  Mr,  Monroe, 


LoNDorr*  8/AJVbvember,  1815. 

Sir:  Since  I  had  the  honor  of  writing  you  last,  of  the  Slst  ultimo, 
I  have  received  from  Lord  Bathurst  a  note  in  answer  to  my  letter 
to  him  relating  to  the  fisheries,  copy  of  which  is  herewith  enclosed. 
I  hope  shortly  to  reply  to  this  note,  and  perceive  nothing  in  it,  which 
can  render  the  rights  of  the  United  States,  to  the  participation  in 
the  fisheries,  in  any  manner  dubious. 

It  will  be  for  the  government  of  the  United  States  to  determine, 
whether  the  negotiation,  proposed  by  Lord  Bathurst,  will  be  ad- 
visable, and  I  pray  to  be  honored  with  the  President's  instructions 
on  the  subject,  as  soon  as  possible. 

1  am,  with  great  respect,  ' 

Sir,  your  very  obedient  humble  servant, 

JOHN  QUINCY  ADAMS. 
Hon.  Jamss  Monroe, 

&c.  &c.  &c. 


Lord  Bathurst  to  Mr,  Mams,      "  • 

Foreign  Office,  October  50th,  1815. 

The  undersigned,  one  of  his  Majesty's  principal  Secretaries  of 
State,  had  the  honor  of  receiving  the  letter  of  the  Minister  of  the 
United  States,  dated  the  25th  ultimo,  containing  the  grounds  upon 
which  the  United  States  conceive  themselves,  at  the  present  time,  en- 
titled to  prosecute  their  fisheries  within  the  limits  of  the  British 
sovereignty;  and  to  use  British  territories  for  purposes  connected 
with  the  fisheries. 

A  pretension  of  this  kind  was  certainly  intimated  on  a  former  oc- 
casion, but  in  a  manner  so  obscure  that  his  Majesty's  government 
were  not  enabled  even  to  conjecture  the  grounds  upon  which  it  could 
be  supported. 

His  Majesty's  government  have  not  failed  to  give  to  the  argument 
contained  in  the  letter  of  the  25th  ultimo,  a  candid  and  deliberate 
consideration;  and,  although  they  are  compelled  to  resist  the  claim 
of  the  United  States,  when  thus  brought  forward  as  a  question  of 
riglit.  they  feel  every  disposition  to  afford  to  the  citizens  of  those 
stales,  all  the  liberties  and  privileges  connected  with  the  fisheries, 
which  can  consist  with  the  just  rights  and  interests  of  Great  Bri- 


80 


[71] 


t'i 


tain,  and  secure  his  Majesty's  subjects  from  those  undue  molestations 
in  their  fishery,  which  they  have  formerly  experienced  from  citizens 
of  the  United  States.   The  Minister  of  the  United  States  appears,  by 
his  letter,  to  be  well  aware  that  Great  Britain  has  always  considered 
the  liberty  formerly  enjoyed  by  the  United  States,  of  fisliing  within 
British  limits,  and  using  British  territory,  as  derived  from  the  third 
article  of  the  treaty  of  1783,  and  from  that  alone.    And  tliat  the 
claim  of  an  independent  state  to  occupy  and  use  at  its  discretion,  any 
portion  of  the  territory  of  another,  without  compensation,  or  corres> 
ponding  indulgence,  cannot  rest  on  any  other  foundation  than  conven- 
tional stipulation.      It   is  unnecessary  to  inquire  into  the   motives 
which  might  have  originally  influenced  Great  Britain,  in  conceding 
such  liberties  to  the  United  States,  or  whether  other  articles  of  the 
treaty,  wherein  these  liberties  are  specified,  did,  or  did  not,  in  fact, 
afford  an  equivalent  for  them;  because  all  the  stipulations  profess  to 
be  founded  on  reciprocal  advantages  and  mutual  convenience.    If  the 
United  States  derived  from  that  treaty  privileges  from  wliich  other 
independent  nations,  not  admitted  by  treaty,  were  excluded,  the  dura- 
tion of  the  privileges  must  depend  on  the  duration  of  the  instrument 
by  which  they  were  granted,  arid  if  the  war  abrogated  the  treaty,  it 
determined  the  privileges.     It  has  been  urged,  indeed,  on  the  part  of 
the  United  States,  that  the  treaty  of  1783  was  of  a  peculiar  charac- 
ter, and  that  because  it  contained  a  recognition   of  American  inde- 
pendence, it  could  not  be  abrogated  by  a  subsequent  war  between 
the  parties.     To  a  position  of  this  novel  nature.  Great  Britain  cannot 
accede.     She  knows  of  no  exception  to  the  rule,  that  all  treaties  are 
put  an  end  to  by  a  subsequent  war  between  the  same  parties;  she 
cannot,  therefore,  consent  to  give  tu  her  diplomatic  relations  with 
one  state,  a  different  degree  of  permanency  from  that  on  wiiich  iier 
connection  with  all  other  states  depends.     Nov  can  she  consider  any 
one  state  at  liberty  to  assign  to  a  treaty  made  with  her,  such  a  pecu- 
liarity of  character,  as  shall  make  it,  as  to  duration,  an  exception  to 
all  other  treaties,  in  order  to  found,  on  a  peculiarity  tluis  assumed,  an 
irrevocable  title  to  all   indulgences,  which  have  all  the  features  of 
temporary  concessions. 

The  treaty  of  Ghent  has  been  brought  forward  by  the  American 
Minister,  as  supporting  by  its  reference  to  the  bound.iry  line  of  the 
United  States,  as  fixed  by  the  treaty  of  1783,  the  opinion  that  the 
treaty  of  1783  was  not  abrogated  by  the  war.  The  undersigned, 
however,  cannot  observe  in  any  one  of  its  articles,  any  express  or 
implied  reference  to  the  treaty  of  1783,  as  still  in  force.  It  will  not 
be  denied,  that  the  main  object  of  the  treaty  of  Ghent,  was  the  mu- 
tual restoration  of  all  territory  taken  by  either  party  from  the  otlier 
during  the  war.  As  a  necessary  consequence  of  such  a  stipulation, 
each  party  i^everted  to  their  boundaries  as  before  the  war,  without 
reference  to  tne  title  by  which  these  possessions  were  acquired,  or  to 
the  mode  in  which  their  boundaries  had  been  previously  fixed.  In 
point  of  fact,  the  United  States  had  before  acquired  possession  of 
territories,  asserted  to  depend  on  other  titles  than  those  which  Great 
Britain  could  confer.  The  treaty  of  Ghent,  indeed^  adverted,  as  a 


[71] 


i§ 


sstatibns 

I  citizens 
lears,  by 
insidcred 
ig  NvitUiii 
the  thud 

that  the 
tiori,  any 
r  corres- 

II  conven- 
motives 

;onceding 
[es  of  the 
t,  in  fact, 
profess  to 
ce.    If  the 
iiich  other 
,  the  dura- 
nstt'ument 
treaty,  it 
he  part  of 
ar  charac- 
•ican  indc- 
,r  between 
ain  cannot 
eaties  are 
uties;  she 
ions  with 
which  her 
isidcr  any 
h  a  pecu- 
ccption  to 
isuined,  aii 
features  of 

I  American 
line  of  the 
In  that  the 
lersigncd, 
Ixpress  or 
It  will  not 
in  the  niu  ■ 
the  other 
[ipulation, 
[•,  without 
Ired,  or  to 
H'lxed.     In 
[session  of 
|icli  Great 
[ted,  as  a 


fact  of  possession,  to  certain  boundaries  of  the  United  States,  which 
■were  s|)erified  in  the  treaty  of  1783,  hut  surely,  it  will  not  be  con- 
tended, that,  therefore,  the  treaty  of  1 783  was  not  considered  at  an 
end. 

It  is  justly  stated  by  the  American  Minister,  that  the  United 
States  did  not  need  a  new  grant  of  the  boundary  line.  Tiie  war  did 
Tiot  arise  out  of  a  contented  boundary;  and  Great  Britain,  therefore, 
by  the  act  of  treating  with  the  United  States,  recognized  that  nation 
in  its  former  dimensions,  excepting  so  far  as  the  jus  belli  had  inter- 
fered with  them,,  and  it  was  the  object  of  the  treaty  of  Ghent  to  cede 
such  rights  to  territory  a»  the  Jus  belli  had  conferred. 

Still  less  does  the  free  navigation  of  the  Mississippi,  as  demanded 
by. the  British  legotiators  at  Ghent,  in  any  manner  express  or  im* 
ply  the  non-abrogation  of  the  treaty  of  1783,  by  the  subsequent  war. 
it  was  brought  forward  by  them,  as  one  of  many  advantages,  which 
they  were  desirous  of  securing  to  Great  Britain,  and  if,  in  the  first 
instance  demanded  without  equivalent,  it  left  it  open  to  the  negotia- 
tors of  the  United  States  to  claim  for  their  government,  in  the  course 
of  their  conference&s  a  corresponding  benefit.  The  American  minis- 
ter will  recollect,  tLat  propositions  of  this  nature  were,  at  one  time, 
under  discussion,  and  that  they  were  only  abandoned  at  the  time  that 
Great  Britain  relinquished  her  demand  to  the  navigation  of  the  Mis- 
sissippi. If  then  the  demand  on  the  part  of  Great  Britain,  can  be 
supposed  to  have  given  any  weight  to  the  present  argument  of  the 
United  States,  the  abandonment  of  that  demand  must  have  effectually 
removed  it. 

It  is  by  no  means  unusual  for  treaties  containing  recognitions  and 
acknowledgments  of  title,  in  the  nature  of  perpetual  obligation,  to 
contain,  likewise,  grants  of  privileges  liable  to  revocation.  The  trea- 
ty of  1783,  like  many  others,  contained  provisions  of  different  char- 
acters, some  in  their  own  nature  irrevocable,  and  others  of  a  tempo- 
rary nature.     If  it  be  thence  inferred,  that,  because  some  advanta- 
ges specified  in  that  treaty,  would  not  be  put  an  end  to  by  the  war, 
tliereibrc  all  the  other  advantages  were  intended  to  be  equally  per- 
manent, it  must  first  be  shewn  that  the  advantages  themselves  are  of 
the  same,  or,  at  least,  of  a  similar  character;  for  the  character  of  one 
advantage  recognized,  or  conceded  by  treaty,  can  have  no  connection 
with  the  charaeter^.of  another,  though  conceded  by  the  same  instru- 
ment, unlese  it  arises  out  of  a  strict  and  necessary  connection  be- 
tween th'  advantages  themselves.     But,  what  necessa»'y  connection 
can  there  be  between  a  right  to  independence  and  a  liberty  to  fish 
within  British  jurisdiction,  or  to  use  British  territory?     Liberties 
within  British  limits  are  as  capable  of  being  exercised  by  a  depen- 
dent, as  by  an  independent  state,  and  cannot,  therefore,  be  the  neces- 
sary consequence  of  independence. 

The  independence  of  a  state  is  that  which  cannot  be  correctly  said 
to  be  granted  by  a  treaty,  but  to  be  acknowledged  by  one.  In  the 
treaty  of  1783,  the  independence  of  the  United  States  was  certainly 
acknowledged,  not  merely  by  the  consent  to  make  the  treaty,  but  by 
the  previous  consent  to  enter  into  the  provisional  articles  executed  in 


82 


[71] 


1       i 


I  t 


I,  ' 


November,  1782.  The  independence  might  have  been  acknowledged, 
"Without  either  the  treaty  or  the  provisional  articles;  but  by  whatever 
mode  acknowledged,  the  acknowledgment  is,  in  its  own  nature,  irre- 
vocable. A  power  of  revoking,  or  even  of  modifying  it,  woiild  be 
destructive  of  the  thing  itself,  and,  therefore,  all  such  power  is  neces- 
sarily renounced,  when  the  acknowledgment  is  made.  The  war 
could  not  put  an  end  to  it,  for  the  reason  justly  assigned  by  the  Amer- 
ican Minister,  because  a  nation  could  not  forfeit  its  sovereignty  by 
the  act  of  exercising  it;  and  for  the  further  reason  that  Great  Britain, 
when  she  declared  war  on  her  part,  against  the  United  States,  gave 
them,  by  that  very  act,  a  new  recognition  of  their  independence. 

The  nature  of  the  liberty  to  fish  within  British  limits,  or  to  use 
British  territory,  is  essentially  diflferent  from  the  right  to  indepen- 
dence, in  all  that  may  reasonably  be  supposed  to  regard  its  intetidcd 
duration.  The  grant  of  this  liberty  has  all  the  aspect  of  a  policy 
temporary  and  experimental,  depending  on  the  use  that  might  be  made 
of  it,  on  the  condition  of  the  islands  and  places  where  it  was  to  be 
exercised,  and  the  more  general  conveniences  or  inconveniences,  in  a 
military,  naval)  or  commercial  point  of  view,  resulting  from  the  ac- 
cess of  an  independent  nation  to  such  islands  and  places. 

When,  therefore.  Great  Britain,  admitting  the  independence  of  the 
United  States,  denies  their  right  to  the  liberties  for  which  they  now 
contend,  it  is  not  that  she  selects,  from  the  treaty,  articles,  or  parts 
of  articles,  and  says,  at  her  own  will,  thib  stipulation  is  liable  to  for- 
feiture by  war,  and  that  it  is  irrevocable;  but  the  principle  of  her 
reasoning  is,  that  such  distinctions  arise  out  of  the  provisions  them- 
selves, and  are  founded  on  the  very  uiiture  of  the  grants.  But  the 
rights  acknowledged  by  tlie  treaty  of  1783,  are  not  only  distinguish- 
able from  the  liberties  conceded  by  the  same  treaty,  in  the  foundation 
upon  which  they  stand,  but  they  are  carefully  distinguished  in  the 
treaty  of  1783  itself.  The  undersigned  begs  to  call  the  attention  of 
the  American  Minister  to  the  wording  of  the  1st  and  Sd  articles,  to 
which  he  has  often  referred,  for  the  foundation  of  his  arguments.  In 
the  first  article.  Great  Britain  acknowledges  an  independence  alrea- 
dy expressly  recognized  by  the  powers  of  Europe,  and  by  herself,  in 
her  consent  to  enter  into  provisional  articles,  of  November,  1782.  In 
the  3d  article,  Great  Britain  acknowledges  the  right  of  the  United 
States  to  take  fish  on  the  banks  of  Newfoundland,  and  other  places, 
from  which  Great  Britain  has  no  right  to  exclude  an  independent 
nation.  But  they  are  to  have  the  liberty  to  cure  and  dry  them  in 
certain  unsettled  places,  within  his  majesty's  territory.  If  these 
liberties,  thus  granted,  were  to  be  as  perpetual  and  indefeasible  as 
the  rights  previously  recognized,  it  is  difficult  to  conceive,  that  the 
Plenipotentiaries  of  the  United  States  would  have  admitted  a  varia- 
tion of  language,  so  ada|>ted  to  produce  a  different  impression;  and, 
above  all,that  they  shouldhave  admitted  so  strange  a  restriction  of  apcr- 
petual  and  indefeasible  right,  as  that  with  which  the  article  concludes, 
which  leaves  u  right  so  practical  and  so  beneficial  as  this  is  admitted 
to  he,  dependent  on  the  will  of  British  subjects^  in  their  character  uf 


fm 


[71] 


88 


Bwlcdged, 

whatever 
ture,  irre- 

woiild  be 
r  is  neccs- 
The  war 
tlie  Amer- 
peignty  by 
Ett  Britain, 
tates,  gave 
dence. 
,  01*  to  use 
to  indepen- 
ts  inte;ided 
if  a  policy 
;ht  be  made 

was  to  be 
iences,  in  a 
•om  the  ac- 

[lence  of  the 
;h  they  now 
es,  or  parts 
iable  to  for- 
tiple  of  her 
isions  thein- 
s.     But  the 
distinguish- 
B  foundation 
ished  in  the 
attention  of 
articles,  to 
iiinents.     In 
dence  alrea- 
y  herself,  in 
V,  1782.    In 
'  the  United 
>ther  places, 
independent 
ry  them  in 
y.     If  these 
defeasible  as 
ive,  that  the 
ted  a  varia- 
■ession;  and, 
ctionofapcr- 
le  concludes, 
}  is  admitted 
character  of 


inhabitants,  proprietors^  or  possessors  of  the  soil,  to  prohibit  its  ex- 
ercise altogether. 

It  is  surely  obvious,  that  the  word  right  is,  throughout  the  treaty* 
used  as  applicable  to  what  the  United  States  were  to  enjoy,  in  virtue 
of  a  recognized  independence,  and  the  word  liberty  to  what  they  were 
to  enjoy,  as  concessions  strictly  dependent  on  the  treaty  itself* 

The  right  of  the  United  States  has  been  asserted  upon  other  ar- 
guments, which  appear  to  the  undersigned  not  altogether  consistent 
with  those  that  had  been  previously  advanced.  It  has  been  argued 
by  the  Minister  of  the  United  States,  that  the  treaty  of  1783  did  not 
confer  upon  the  United  States  the  liberty  of  fishing  within  British 
jurisdiction,  and  using  British  territory,  but  merely  recognized  a 
right,  which  they  previously  had;  and  it  has  been  thence  inferred, 
that  the  recognition  of  this  right,  renders  it  as  perpetual  as  that  of 
their  independence. 

If  the  treaty  of  1783  did  not  confer  the  liberties  in  question,  the 

I        undersigned  cannot  understand  why,  in   their  support,  the  point 

^        should  have  been  so  much  pressed,  that  the  treaty  is  in  force,  not* 

1        withstanding  the  subsequent  war.    If,  as  stated  by  the  American 

I       Minister,  the  time  of  the  settlement  of  North  America  was  the  origin 

I       of  the  liberties  of  the  United  States,  in  respect  to  the  fisheries,  and 

\       their  independence,  as  recognized  in  1783,  was,  as  further  argued  by 

him,  the  mere  recognition  of  rights  and  liberties  previously  existing, 

(which  must  have  been  in  virtue  of  their  independence,)  it  would 

seem  to  follow,  that  their  independence  was  recognized  from  the  time 

i       of  the  settlement  of  North  America — for  no  other  period  can  be  as- 

1       signed.    The  undersigned  is  totally  unable  to  collect  when  the  Ame« 

rican  Minister  considers  the  independence  of  his  country  to  have 

commenced;  yet  this  is  a  point  of  no  small  importance,  if  other  rights 

are  to  be  represented  as  coeval  with  it,  or  dependant  on  it. 

As  to  the  origin  of  these  privileges,  in  point  of  fact,  the  under- 
signed is  ready  to  admit,  that,  so  long  as  the  United  States  constitu- 
ted a  part  of  the  dominions  of  his  Majesty,  the  inhabitants  had  the 
enjoyment  of  them,  as  they  had  of  other  political  and  commercial 
advantages,  in  common  with  his  Majesty's  subjects.  But  they  had, 
at  the  same  time,  in  common  with  his  Majesty's  other  subjects,  du- 
ties to  perform;  and  when  the  United  States,  by  their  separation  from 
Great  Britain,  became  released  from  the  duties,  they  became  excluded, 
also,  from  the  advantages  of  British  subjects.  They  cannot,  there- 
fore, now  claim,  otherwise  than  by  treaty,  the  exercise  of  privileges 
belonging  to  them  as  British  subjects,  unless  they  are  prepared  to 
admit,  on  the  part  of  Great  Britain,  the  exercise  of  the  rights  which 
she  enjoyed  previous  to  the  separation. 

If  it  be  contended,  on  the  part  of  the  United  States,  that,  in  con- 
sequence of  having  been  once  a  part  of  the  British  dominions,  they 
arc  now  entitled,  as  of  right,  to  all  the  privileges  which  they  enjoyed 
as  British  subjects,  in  addition  to  those  which  they  have  as  an  inde- 
pendent people,  the  undersigned  cannot  too  strongly  protest  against 
such  a  doctrine;  and  it  must  become  doubly  necessary  for  Great  firi- 

5 


'm'^ 


f  .^1' 


84 


C7i] 


f  h 


tain  to  hesitate  in  conceding  the  privileges  wluch  are  now  the  subject 
of  discussion,  lest,  by  such  a  concession,  she  should  be  supposed  to 
countenance  a  principle  not  less  novel  than  alarming. 

But,  though  Great  Britain  can  never  admit  the  claim  of  the  United 
States  to  enjoy  those  liberties,  v/ith  respect  to  the  fisheries,  as  matter 
of  right,  she  is.  by  no  means,  insensible  to  some  of  those  considera- 
tions with  which  the  letter  of  the  American  Minister  concludes. 

Although  his  Majesty's  government  cannot  admit  that  the  claim  of 
the  American  fishermen  to  fish  within  British  jurisdiction,  and  to  us^ 
the  British  territory  for  purposes  connected  with  their  fishery,  is  ana- 
logous to  the  indulgence  which  has  been  granted  to  enemy's  subjects 
engaged  in  fishing  on  the  high  seas,  for  the  purpose  of  conveying 
fresh  fish  to  market,  yet  they  do  feci  that  the  enjoyment  of  the  liber- 
ties, formerly  used  by  the  inhabitants  of  the  United  States,  may  be 
Tcry  conducive  to  their  national  and  individual  prosperity,  though 
they  should  be  placed  under  some  modifications;  and  this  feeling  ope- 
rates most  forcibly  in  favor  of  concession.  But  Great  Britain  can 
only  offer  the  concession  in  a  way  which  shall  effectually  protect  her 
own  subjects  from  such  obstructions  to  their  lawful  enterprises,  as 
they  too  frequently  experienced  immediately  previous  to  the  late  war, 
and  which  are,  from  their  very  nature,  calculated  to  produce  colli- 
sion and  disunion  between  the  two  States. 

It  was  not  of  fair  competition  that  his  Majesty's  government  had 
reason  to  complain,  but  of  the  pre-occupation  of  British  harbors  anfl 
creeks,  in  North  America,  by  the  fishing  vessels  of  the  United  States, 
and  the  forcible  exclusion  of  British  vessels  from  places  where  the 
fishery  might  be  most  advantageously  conducted.  They  had,  like- 
wise, reason  to  complain  of  the  clandestine  introduction  of  prohibited 
goods  into  the  British  colonies,  by  American  vessels,  ostensibly  en- 
gaged in  the  fishing  trade,  to  the  great  injury  of  the  British  revenue. 

The  undersigned  has  felt  it  incumbent  on  him  thus  generally  to  no- 
tice these  obstructions,  in  the  hope  that  the  attention  of  the  govern- 
ment of  the  United  States  will  be  directed  to  the  subject;  and  that 
they  may  be  induced,  amicably  and  cordially,  to  co-operate  with  his 
Majesty's  govermeut  in  devising  such  regulations  as  shall  prevent  the 
recurrence  of  similar  inconveniences. 

His  Majesty's  government  are  willing  to  enter  into  negotiations 
with  the  government  of  the  United  States  for  the  modified  renewal 
of  the  liberties  in  question;  and  they  doubt  not  that  an  arrangement 
may  be  made,  satisfactory  to  both  countries,  and  tending  to  confirm 
the  amity  now  so  happily  subsisting  between  them. 

The  undersigned  avails  himself  of  this  opportunity  of  renewing 
to  MPf  Adorns  the  assurances  of  his  high  consideration. 

BATHURST. 


•■^t 


[71] 


U 


c  subject 
)posed  to 

le  United 
IS  matter 
)nsidera- 
ides. 

i  claim  of 
md  to  US9 
y,  is  ana- 
i  subjects 
lonveying 
the  libep- 
,  may  be 
Yf  tliough 
elingop^- 
ritain  can 
I'otect  her 
prises,  i^s 
( late  war, 
luce  colU- 

iment  hafl 
irbors  anfl 

ied  States, 
vhere  the 
lad,  like- 
prohibited 
nsibly  ci^- 
rcvenue. 
ally  to  nq- 
le  govern - 
and  that 
,e  with  his 
revent  the 

tgotiatio^s 
d  renewal 
■angemept 
o  confirm 

renewing 

URST. 


Jlfr.  Monroe  to  Mr,  Mams, 


•♦  *f^u 


4) 


\ 


i 


^     '   r  DePAHTMENT  OF  SfAtE* 

'  \  ^'  ,        ■'  February  27,  18l6# 

Sir:  It  being  repnesented,  by  your  lettef  of  tho  8th  of  November^ 
that  tho  British  Government  was  disposed  to  regulate,  in  concert 
With  tho  United  States,  tho  taking  of  fish  on  the  coasts,  bays,  and 
ci-eeks,  of  all  his  Britannic  Majesty's  dominions  in  America,  and  the 
curing,  and  drying  of  fish,  by  their  citizens,  on  the  unsettled  bays* 
harbors,  and  creeks,  of  Nova  Scotia,  Magdalen  Islands,  and  Labra- 
dor, in  such  manner  as  to  promote  the  interest  of  both  nations,  you 
will  consii'cr  this  letter  an  authority  and  instruction  to  negotiate  a 
conventipn  for  these  purposes. 

1  have  the  honour  to  be,  &c. 

JAMES  MONBOE. 


Mr.  Monroe  to  Mr.  Mamit 

Department  op  Stai^^, 

Q7th  February f  1816* 

SiB:  Since  my  last,  of  the  10th  of  December,  I  have  had  the  honor 
to  receive  your  letter  of  November  21st,  with  those  of  the  12th,  IQtb^ 
26th,  and  SOth  of  September,  the  7th,  and  31st  of  October,  and 
8th  of  November.  With  the  latter,  a  copy  of  Lord  Bathurst*s  reply 
to  your  note  of  September  SSth^  on  the  fisheries,  was  likewise  re- 
ceived. 

It  appears  by  these  communications,  that,  although  the  British 
Government  denies  our  right  of  taking,  curing,  and  drying  fish  with- 
in their  jurisdiction,  and  on  the  coast  of  the  British  provinces  hi 
North  America,  it  is  willing  to  secure  to  our  citizens  the  liberty 
stipulated  by  the  treaty  of  1783,  under  such  regulations  as  will  se*' 
cure  the  benefit  to  both  parties,  and  will  likewise  prevent  the  smug- 
gling of  goods  into  the  British  provinces^  by  oUr  vessels  engaged  in 
tho  fisheries. 

It  is  hoped,  that  the  reply  which  you  intittidte  foU  intehded  giv-' 
in^  to  Lord  Bathurst's  note,  may  have  produced  some  change  in  the 
sentiments  of  the  British  Government  on  this  interesting  subject;  it 
is^  nevertheless,  thought  proper  to  enclose  you  an  instruction,  to  be 
shewn  to  the  British  Government,  authorizing  you  to  negotiate  a 
convention,  providing  for  the  objects  contemplated. 

It  is  very  important  that  this  trust  should  be  executed  in  a,  tnan-* 
iiier  not  to  weaken  our  right,  which,  it  is  presumed,  may  be  dond 
with  the  concurrence  of  the  British  Government,  either  by  the  reset" 
iation  of  mntiml  rights,  or  making  the  instrument  a  remedy  fof 
abuses. 


SS^' 


[71] 


As  to  the  manner  in  which  the  injuries  complained  of  by  the  Bri- 
tish GKavernment  are  to  be  remedied,  you  will  be  able  in  aid  of  your 
own  knowledge  of  the  subject*  to  obtain  better  information  than  I  can 
communicate. 

The  British  project  will  shew  the  nature  and  extent  of  these  inju- 
riesy  and  it  will  be  your  object  to  make  the  remedy  as  harmless  to 
our  citizens^  and  safe  to  the  public  rights*  as  possible. 

I  have  the  honor  to  be,  &c.  \sai»>,  ^ 

\:  .  r      .         •      V  JAMES  MONROE. 


Extract  of  a  letter  from  Mr,  Mmroe  to  Mr.  Mams.  \. 

i 

,  Department  of  State, 

...  .  * 

May  24,  1816. 

**A  hope  is  entertained  that  you  will  have  arranged  with  the  Bri- 
tish government  the  difference  respecting  the  fisheries,  before  this 
reaches  you.  Should  you  not  have  been  able  to  do  it,  you  will  en- 
deavor to  comprise  it  in  the  general  arrangement  which  you  are 
authorized  to  make,  on  the  principles  stated  in  my  letter  of  the  27th 
of  February." 


Extract  of  a  letter  from  Mr,  Monroe  to  Mr.  Mams. 

Department  of  State, 

July  8,  1816. 

"  Mr.  Bagot  has  received  a  power  to  arrange  the  difference  re- 
specting the  taking  and  curing  and  drying  fish  on  the  shores  of  the 
British  colonies;  but  whether  it  authorizes  such  an  arrangement  as 
wiU  be  useful  and  satisfactory  to  us,  I  am  as  yet  uninformed.*' 


'i 


I    J       !' 


'jM:,,; 


Extract  of  a  letter  from  Mr,  Monroe  to  Mr,  Mams, 

Department  or  State. 

Mgust  13,  1816. 

**  On  the  other  subject,^  Mr.  Bagot  offered  to  secure  to  us  the 
right  in  question,  on  the  Labrador  Shore,  between  Mount  Joli,  and 
the  Bay  of  Esquimaux,  near  the  entrance  of  the  Strait  of  Belle-Isle. 

"*  Fisheries. 


[71] 


SV 


the  Bri- 
1  of  your 
han  I  can 


lese  injii- 
rmless  to 


^ROE. 


■  ( 


,  1816. 

[i  the  Bri- 
efore  this 
u  will  en- 
you  are 
f  the  27th 


It  was  necessary  for  me  to  seek  detailed  information  of  the  value  of 
this  accommodation^  from  those  possessing  it  at  Marblehead,  and 
elsewhere,  which  1  did;  the  result  of  which  was,  that  it  would  btt 
more  for  our  advantage  to  commence  at  the  last  mentioned  pointt 
and  to  extend  the  rights  eastward,  through  the  Strait  of  Belle-Isle, 
as  far  along  the  Labrador  Coast  as  possible.  To  this  he  objected,* 
offering,  then,  an  alternative  on  the  shore  of  the  Island  of  Newfound- 
land, to  commence  at  Cape  Ray,  and  extend,  east,  to  the  Ramea  Isl- 
ands. Of  the  value  of  this  coast,  I  am  likewise  ignorant.  The  ne- 
gotiation must,  therefore,  be  again  suspended,  until  I  obtain  the  in- 
formation  requisite  to  enable  me  to  act  in  it. 

**  It  is  probable  that  the  arrangement  of  these  two  interests  will 
again  rest  with  you.  The  advantage  of  it,  as  you  are  already  au- 
thorized to  treat  on  other  important  subjects,  is  obvious. 

**  At  the  commencement  of  our  conferences,  Mr.  Bagot  informed 
me  of  an  order  which  had  been  issued  by  Admiral  Griffith  to  the 
British  cruisers,  to  remove  our  fishing  vessels  from  the  coasts  of 
those  Provinces,  which  he  would  endeavor  to  have  revoked,  pending 
the  negotiation.  His  attempt  succeeded.  I  shall  endeavor  to  have 
this  revocation  extended,  so  as  to  afford  the  accommodation  desired, 
until  the  negotiation  is  concluded.  All  the  information  which  has 
been,  or  may  be  obtained  on  this  subject,  shall  be  transmitted  to 
you." 


,  1816. 

rence  re- 
es  of  the 
;ement  as 
id." 


'E. 

,  1816. 

to  us  the 
Joli,  and 
)elle-Isle. 


Extract  of  a  letter  from  Mr.  Mams  to  the  Secretary  of  State,  dated^ 

London,  24th  August,  1S16. 

**  On  Wednesday  last  I  had  an  interview  with  Lord  Castlereagh, 
in  which  he  informed  me  that  this  government  declined  entering  upon 
any  negotiation  relative  to  the  commercial  intercourse  between  the 
United  States  and  the  British  colonies  in  the  West  Indies:  that  they 
were  averse  to  any  discussion  relative  to  blockades,  and  the  other 
conflicting  pretensions  of  neutral  and  belligcrant  rights;  and  that 
they  were  willing  to  receive  any  proposals  that  we  may  wish  to  of- 
fer, respecting  the  intercourse,  by  land,  between  the  United  States 
and  the  British  continental  colonies,  and  respecting  seamen;  but 
there  was  a  manifest  reluctance  to  negotiate  even  upon  these  points- 
With  regard  to  the  West  Indies,  he  said  it  was  understood  by  this 
government  that  the  United  States  would  be  perfectly  free  to  adopt 
any  countervailing  regulations,  either  of  prohibition,  or  of  additional 
duties,  that  they  might  think  advisable:  that  Great  Britain  would 
have  no  right  to  complain  of  them:  that  the  determination,  in  this  in- 
stance, arose  altogether  from  that  of  adhering  to  their  colonial  sys. 
tem,  of  the  wisdom  of  which  he  spoke  as  being,  in  his  own  mind,  not 
unquestionable,  but  from  which  it  was  not  thought  expedient  now  to 
depart." 


:\«fc 


m 


88 


C  71  ] 


Front  Mr,  Adams  to  Mr.  Monroe,  Secretary  of  State,  dated  London,  tBth 

September,  1816.  -> 

'  [extract.] 

^  <*  You  will  perceive,  by  all  my  late  despatches,  that  there  is  no  prospect 
t>f  doing  any  thing  here,  in  the  way  of  a  negotiation  upon  objects  of  com- 
merce. I  addressed  yesterday  to  Lord  Castlereagh  a  note,  renewing  the 
pro[)osal  to  negotiate;  the  object  of  whicli  is  to  have  the  refusal  explicitly 

iiignified  in  writing.  In  my  last  interview  with  Lord  Castlereagh,  ne  did 
mequivocally  decline  negotiation  upon  the  trade  between  the  United 
States  and  the  British  colonies  in  the  West  Indies,  and  upon  all  the  ques- 
ions  relating  to  neutral  rights  in  time  of  maritime  war.  He  said  they 
»rere  williiig  to  receive  any  proposition  respecting  seamen,  and  respecting 
he  inland  intercourse  between  the  United  States  and  the  British  colonies 
n  North  America.  I  told  him  I  should  repeat  the  proposal  for  treating,  in 
k  note.  He  expressed  a  wish  that  I  would  not  mention,  in  the  note,  the 
neutral  questions,  at  all.    I  was  somewhat  surprised  at  the  objection,  but 

Fromised  him  I  would  give  it  full  consideration  before  I  sent  in  the  note, 
did,  accordingly,  take  ample  time  for  reflection,  and  have  concluded  that 
I  ought  not  only  to  include  them  in  the  note,  but  to  urge  with  earnestness 
the  reasons  which  make  it  peculiarly  desirable  that  the  two  governments 
should  come  to  an  understanding  upon  those  points,  before  the  recurrence 
of  a  maritime  war." 


Extract  of  a  letter  from  Mr.  Mams  to  the  Secretary  of  State,  dated 

London,  27^A  September,  1816. 

"  I  have  the  honor  of  enclosing,  herewith,  a  copy  of  the  note  which  I  have 
addressed  to  Lord  Castlereagh,  renewing  the  proposal  for  the  negotiation 
of  a  treaty  of  commerce.  From  the  determination  of  this  government,  asv 
communicated  to  me  in  my  personal  interview  with  him  on  the  21st  of 
August,  it  is  to  be  expected  that  they  will  decline  treating  upon  the  sub- 
ject of  our  trade  with  the  British  colonies,  in  the  West  Indies,  and  upon 
the  questions  relating  to  neutral  interests  during  maritime  war.  They 
may  profess  te  be  willing  to  receive  specific  proposals  relative  to  seamen, 
and  to  our  inland  intercourse  with  their  colonies  in  North  America;  but, 
it  is  not  probable  that,  upon  either  of  tliose  subjects,  they  will  agree  to  any 
thing  that  can  be  satisfactory  to  you-— nor  shall  I  think  it  expedient  to  con- 
clude any  separate  arrangement  concerning  them,  excluding  the  others, 
without  further  instructions  to  that  effect.  In  the  conversations  that  I 
have  had  with  Lord  Castlereagh,  he  has  given  me  very  distinctly  to  under- 
stand, that,  with  regard  to  seamen,  if  they  should  even  agree  to  the  pro- 
posed stipulation  ot  excluding  from  the  respective  naval  and  merchant 
services  the  native  citizens  and  subjects  of  each  other,  they  will  not  un- 
derstand it  as  implying  or  intending  an  engagement  to  renounce  the  prac- 
tice of  taking  men  from  our  vessels,  in  the  event  of  a  future  maritime  waf. 
In  the  instructions  hitherto  transmitted  to  me,  it  is  not  insisted  th^t 
such  a  renunciation  should  be  included  in  the  article;  yet,  I  ca,nnot  but 
suppose  it  was  expected,  that,  if  the  article  sliould  be  agreed  to,  it  woi4d 
be  with  at  least  a  tacit  understanding,  that  the  practice  of  impressment 
'shdt  Ite  ahandoued." 


Ili.:r 


[71] 


39 


Ion,  IBih 


prospect 
s  of  com- 
iv/'ins  the 
explicitly 
h,  lie  did 
z  United 
the  ques- 
said  they 
especting 
1  colonies 
eating,  in 
note,  the. 
;tion,  but 
the  note, 
uded  that 
irnestness 
'ernments 
ecurrence 


dated 

1816. 

ich  I  have 
gotiation 
riment,  aft 
\e  21st  of 
the  sub- 
and  upon 
They 
seamen, 
rica;  but, 
ee  to  any 
it  to  con- 
ic others, 
s  that  I 
to  under- 
the  pro- 
mercnant 
not  un- 
the  prac- 
inie  waf. 
ted    th^t 
mnot  but 
it  would 
ressTn^nt 


1 


Mr.  Adams  to  Lord  Castlercagh.  t\' 

13  Craven  Street,  17th  September,  1816. 

The  undersigned,  Envoy  Extraordinary  and  Minister  Plenipotentiary 
from  the  United  States  of*^  America,  has  the  honor  of  renewing  to  Lord 
Castlereagh  the  proposal  which  he  has  been  instructed  to  make  on  the  part 
of  the  government  of  the  United  States,  for  the  negotiation  of  a  treaty  of 
commerce,  embracing  all  the  principal  objects,  most  interesting  to  the 
friendly  and  commercial  intercourse  between  the  two  nations.  He  has 
already  exhibited  to  his  lordship  the  authority  with  which  he  has  been 
furnished  by  the  American  government  for  that  purpose,  and  has  fully 
stated  to  him  the  motives  which  induced  |this  proposal.  They  are  all 
founded  in  the  anxious  desire  of  the  American  government  to  cultivate  the 
harmony  between  the  two  nations,  and  to  concert,  by  engagements  of  mu- 
tual accommodation,  such  arrangements  of  the  points  from  which  differ- 
ences have,  unfortunately,  arisen  heretofore,  or  which  might  have  a  tenden- 
cy to  produce  them  hereafter,  as  may  be  satisfactory  to  both  parties,  guard 
against  future  misunderstandings,  and  promote  that  amicable  temper  and 
disposition  which  can  alone  perpetuate  the  peace  and  friendship,  dictated 
by  the  clearest  and  highest  interests,  both  of  Great  Britain  and  of  the  Unit- 
ed States. 

It  will  be  recollected  by  Lord  Castlereagh,  that  the  commercial  conven- 
tion of  3d  July,  1815,  was  not  considered,  at  the  time  of  its  conclusion,  as 
the  ultimate  or  definitive  arrangement  of  the  commercial  relations  between 
the  high  contracting  parties.  Other  objects,  besides  those  upon  which  the 
agreement  was  completed,  were  discussed  in  the  course  of  that  negotiation, 
pthers  yet,  including  all,  or  most  of  those  upon  which  Great  Britain  is 
now  again  invited  to  treat,  were  presented  to  the  attention  of  the  British 
Plenipotentiaries,  but  postponed,  in  consideration  of  peculiar  circumstan- 
ces then  operating,  and  which  have  happily  since  been  done  away.  In 
bringing  them  again  to  the  view  of  the  British  cabinet,  the  undersigned 
has  the  honor  of  distinctly  specifying  the  several  objects  upon  which  the 
Aftierican  government  repeats  the  proposal  to  enter  into  further  recipro» 
cal  commercial  stipulations,  of  suggesting  the  urgent  additional  motives  for 
desiring  them,  which  have  arisen  since  that  period,  and  of  exposing  the 
liberal  principles  upon  which  they  propose  that  this  supplementary  treatF 
sihould  be  founded.  ; 

1 .  The  commerce  between  the  United  States  and  the  British  colonies  in  North 
America,  and  in  the  West  Indies. 

From  the  relative  geographical  position  of  those  countries;  from  the  na- 
ture of  their  respective  productions;  and  from  the  wants  on  either  side, 
which  may  be  most  advantageously,  if  not  exclusively  supplied  by  th^ 
other;  this  commerce  is  not  only  of  the  greatest  convenience  to  both  par- 
ties, but,  in  some  respects,  and  on  many  occasions,  it  is  of  the  first  necesr 
sity  to  the  colonies.  At  the  time  when  the  commercial  convention  of  3d 
July,  1815,  was  negotiated,  this  commerce  was  open  to  vessels  of  the  Unit* 
ed  States.  The  ports  of  the  British  colonies  in  the  West  Indies  are  still 
accessible,  under  certain  restrictions,  to  French,  Spanish,  Dutch,  Danish, 
and  Swedish  vessels;  and  while  the  ports  of  every  nation  in  the  West  In- 
dies, Great  Britain  alone  excepted,  are  in  like  manner  accessible  to  Amer- 
ican vessels,  they  have  been,  and  still  are,  by  new  regulations,  enforced 
?ince  th,p  conclusion  of  that  convention,  rigorously  excfudedirom  the  Bri- 


v^ 


40 


[71] 


tish  ports.  This  exclusion  of  all  participation  in  tlie  advantage  of  carry* 
ing  between  the  two  countries,  the  articles  of  a  commerce  mutually  bene- 
ficial to  both  parties,  has  not  only  the  aspect  of  a  policy  peculiarly  pointed 
against  the  United  States,  but  it  defeats,  in  a  great  degree,  the  prmciple  of 
equalising  the  advantages  of  the  commerce  between  the  two  countries,  by 
equalising  the  duties  and  cha'-ges  upon  the  vessels  of  both,  in  the  direct 
intercourse  between  them.  For,  while  British  vessels,  after  performing  a 
direct  voyage  from  Europe  to  the  United  States,  are  there  received  upon 
terms  of  equality  with  those  of  the  United  States,  they  now  euioy  the  ex- 
clusive benefit  of  resorting  to  an  intermediate  market  in  the  West  Indies, 
vrhWe  the  vessels  of  the  United  States  are  restricted  to  the  direct  inter- 
change, to  and  from  Europe.  The  result  of  which  is,  that  British  vessels 
enjoy,  in  the  ports  of  the  United  States,  important  advantages,  even  over 
the  vessels  of  the  United  States  themselves.  It  must  be  obvious  that  this 
cannot  long  be  tolerated;  that,  if  the  commerce  with  those  parts  of  the  Bri- 
tish dominions  is  not  placed  on  a  footing  of  reciprocity,  similar  restraints 
will  become  indispensable  on  the  part  of  the  United  States.  Such  coun- 
tervailing restraints  were  proposed  at  the  last  session  of  Congress,  and 
postponed,  in  the  hope  that  satisfactory  arrangements  might  be  made,  be- 
fore the  next  meeting,  to  prevent  a  recurrence  to  a  system  of  commercial 
hostility,  inconsistent  with  the  interests  of  both  nations,  inauspicious  to  the 
amicable  relations  now  existing  between  them,  and  repugnant  to  the  most 
earnest  wishes  of  the  American  government.  In  the  arrangements  pro- 
posed, they  do  not  contemplate  any  interference,  on  their  part,  with  the 
colonial  monopoly  of  Great  Britain.  It  is  not  asked  that  she  should  re- 
nounce the  right  of  prohibiting  the  importation,  into  her  colonies,  from  the 
United  States,  of  whatever  articles  she  may  think  fit:  but  that  the  com- 
merce which,  for  their  and  her  own  advantage.  Great  Britain  allows  be- 
tween them  and  the  United  States,  should  be  placed  on  the  same  footing 
of  reciprocity  as  the  direct  trade  between  Great  Britain  and  the  United 
States  was  intended  to  be  placed  by  the  Convention  of  3d  July,  1815. 

While  on  this  subject,  the  undersigned  cannot  but  remark  the  extraor- 
dinary measures  relating  to  the  commercial  intercouse  between  the  United 
States,  and  the  British  colonies  in  North  America  and  in  the  West  In- 
dies, adopted  since  the  conclusion  of  the  Commercial  Convention  of  3d 
July,  1815.  In  all  of  them,  very  heavy  duties  have  been  imposed  upon 
the  importation  of  American  produce,  even  when  carried  in  British  ships. 
A  heavy  duty  of  exportation  has  been  laid,  in  tlie  province  of  Nova  Scotia, 
upon  plaster  of  Paris,  an  article  for  which  there  is  no  other  market  than 
the  United  States.  And,  in  the  prdvince  of  Upper  Canada,  an  act  of  the 
provincial  legislature  having  first  vested  in  the  lieutenant  governor  and 
council  the  power  of  regulating  the  commercial  intercourse  between  that 
province  and  the  United  States,  that  body  did,  on  the  18th  of  April  last, 
issue  an  order,  imposing  heavy  duties  upon  many  articles  of  the  growth  or 
manufacture  of  the  United  States,  with  an  addition  of  twelve  per  cent,  on 
all  those  duties,  upon  importation  in  American  vessels,  and  a  tonnage  duty 
of  twelve  shillings  and  sixpence  per  ton,  upon  every  vessel  exceeding  five 
tons  burthen,  entering  any  port  or  harbor  of  the  province,  and  belonging 
to  citizens  of  the  United  States.  The  inland  commerce  between  the  Unit- 
ed States  and  Upper  Canada,  is  believed  to  be  of  paramount  importance  to 
the  province:  but,  were  it  even  e(]^ually  important  to  the  United  States, 
measures  like  these  can  be  viewed  in  no  other  light  than  as  efforts  to  en- 
gross, exclusively,  tlie  whole  of  the  trade  on  one  side.    It  would  be  far 


[71] 


1* 


ge  of  carry- 
tually  bene- 
arly  pointed 
I  principle  of 
ountries,  by 
n  the  direct 
)erfonning  a 
ceived  upon 
aioy  the  ex- 
Vest  Indies, 
direct  inter- 
itish  vessels 
8,  even  over 
Qus  that  this 
3  of  the  Bri- 
ir  restraints 
Such  coun- 
ngress,  and 
le  made,  be- 
commercial 
icious  to  the 
to  the  most 
ements  pro- 
irt,  with  the 
e  should  re- 
cs,  from  the 
lat  the  com- 
n  allows  be- 
ame  footing 
the  United 
[y.  1815. 
the  extraor- 
the  United 
e  West  In- 
ntion  of  3d 
posed  upon 
ritish  ships, 
fova  Scotia, 
narket  than 
1  act  of  the 
vernor  and 
etween  that 
April  last, 
e  growth  or 
>er  cent,  on 
nna^e  duty 
icedmg  five 
1  belonging 
n  the  Unit- 
portance  to 
ited  States, 
forts  to  en- 
uld  be  far 


i 


more  agreeable  to  the  American  government  to  settle  this  intercourse  by 
amicable  concert,  than  to  be  left  under  the  necessity  of  meeting  a  systen) 
of  exclusion  by  countervailing  regulations. 

.  2.  Seamen.  * 

It  is  proposed  to  stipulate,  that  neither  the  United  States  nor  Great  Bri- 
tain shall  employ,  in  their  naval  or  merchant  service,  native  citizens  or 
subjects  of  the  other  party,  with  the  exception  of  those  already  naturaliz- 
ed, of  whom  the  number  is  very  small.  From  the  well-known  fact  that  the 
wages  of  seamen  in  time  of  peace  are  invariably  higher  in  the  American 
service,  of  both  descriptions,  than  in  the  British,  it  is  apparent  that  the  ad- 
vantage of  this  stipulation  will  be  almost  entirely  on  the  side  of  Great 
Britain.  Although  obviously  proper  that  it  should  be  reciprocal,  it  is  offer- 
ed, not  as  an  engagement  from  which  the  United  States  expect  to  derive 
any  advantage,  in  itself,  but  as  the  means  to  Great  Britain  of  reserving  to 
herself  the  services  of  all  her  own  native  seamen,  and  of  removing  forever 
the  necessity  of  resortine  to  means  of  force,  either  by  her  naval  officers,  to 
take  men  from  the  vessels  of  the  United  States,  or  by  the  United  States,  to 
resist  the  renewal  of  that  practice,  in  the  event  of  any  future  maritime  war, 
to  which  they  may  be  neutral.  In  adopting  the  principle  proposed,  the 
American  government  are  prepared  to  secure  its  faithful  execution  by  any 
reciprocal  regulation  which  may  be  deemed  necessary,  consistent  with  their 
Constitution  and  the  spirit  of  their  laws. 

3.  Neutral  and  Belligerant  Bights. 

It  is  equally  desirable,  in  the  view  of  the  American  government,  to  ar- 
rangi,  at  this  time,  every  question  relating  to  neutral  rights:  particularly 
those  concerning  blockade;  contraband  ot  war;  visits  at  sea  of  merchant 
vessels  by  ships  of  war;  the  trade  with  the  colonies  of  enemies,  and  be- 
tween them  and  the  parent  country,  and  tlie  trade  from  one  port  of  an  ene- 
my to  another.  The  tendency  of  discordant  principles  upon  these  points 
to  embroil  neutral  and  belligerant  states  with  each  other,  has  been  snown, 
by  the  melancholy  experience  of  ages.  Tlie  frequent  departures,  during 
the  most  recent  wars,  from  all  acknowledged  principles  founded  on  the 
general  usages  of  nations,  have  still  more  unsettled  whatever  reliance  might 
heretofore  have  been  placed  upon  their  authority.  A  time  of  peace,  when 
the  feelings  of  both  parties  are  free  from  the  excitement  of  any  momentary 
interest,  and  when  the  operation  of  the  principles  to  be  sanctioned  by  mu- 
tual compact  depends  upon  contingencies  which  may  give  either  party  the 
first  claim  to  the  stipulated  rights  of  the  belligerant  or  of  the  neutral,  must 
be  me  ;'e  favorable  to  the  amicable  adjustment  of  these  questions,  than  a  time 
of  actual  war,  under  circumstances  when  the  immediate  interests  of  each 

S arty  are  engaged  in  opposition  to  those  of  the  other.  Whether  Great 
Iritain  or  the  United  States  will  be  first  engaged  in  a  maritime  war  with 
any  third  party,  cannot  now  be  foreseen;  but  it  is  of  the  deepest  interest 
to  the  permanency  of  the  peace  and  friendship  between  them  tliat  the}' 
should  come  to  an  explicit  understanding  with  each  other  upon  the  points 
here  referred  to,  before  the  occurrence  of  any  such  event  on  either  side. 
It  is  not  the  desire  of  the  American  government  to  propose,  upon  these  suu- 
iects,  any  innovation  upon  principles  often  recognised  by  Great  Britain 
nersclf,  in  her  treaties  with  other  powers.    Thev  wish  only, -by  a  mutiml 


f  ^ 


^1,  !!' 


4ft 


[71] 


compact  now  formed,  to  guard  against  collisions,  which  the  recollection  of 
the  past  so  forcibly  admonishes  the  rulers  of  both  nations  to  obviate,  if 
possible,  for  the  future.  '    . 

4.  Slavea  carried  away  .from  the  United  States,  by  British  officers,  aftet 
.  ^  the  Peace. 

As  the  construction  given  by  his  Maje^y's  government,  to  the  first  arti- 
cle in  the  treaty  of  Ghent;  in  referejicelp  me  slaves  carried  away  from  the 
United  States  by  British  officers,  after  tm  ratifi^awn  of  the  peace,  is  so 
directly  at  variance  with.. the  construction  which  the  American  govern- 
ment tnink  alone  applicable  to  it,  the  undersigned  has  been  further  instruct- 
ed to  propose  that  this  question  should  be  submitted  to  the  decision  of  some 
friendly  sovereign.  Tnis  reference  is  suggested  bv  provisions  in  the 
treaty  of  Ghent  itself,  applicable  to  the  contingency  of  differences  in  other 
instances;  and  it  is  conceived  that,  when  such  differences  exist,  no  better 
mode  can  be  adopted  fur  settling  them  in  a  satisfactory  manner. 

Should  his  Majesty's  government  think  proper  to  accept  this  proposal 
for  a  negotiation,  upon  the  points  with  regard  to  which  the  general  wishes 
of  the  government  of  the  United  States  li^'e  been  here  frankly  exposed, 
the  undersigned  will  be  ready  to  enter  into  further  communications  with  any 
person  who  may  be  authorized  to  confer  with  him  for  the  purpose  of  sucn 
a  negotiation.  If  the  offer  should  not  be  deemed  acceptable,  ho  requests 
the  honor  of  as  early  an  answer  as  may  be  convenient. 

The  undersigned  prays  Lord  Castlereagh  to  accept  the  assurance  of  his 
high  consideration.  JOHN  QUINCY  ADAMS. 

13,  Craven  street,  17th  Sept.  1816. 


4iiii: 


'l"i^i 


Extract  of  a  letter  from  Mr.  *idanis  to  the  Secretary  of  State,  dated 

London,  5th  October,  1816. 

*'  Lord  Castlereagh  left  London  this  week  upon  a  visit  to  Ireland.  Pre- 
vious to  his  departure  I  received  from  him  a  letter,  of  which  a  copy  is 
herewith  enclosed.  Although  the  absence  of  several  of  the  Cabinet  Mi- 
nisters is  alleged  as  the  motive  for  postponing  the  answer  to  my  note  of 
the  irth  September,  and  although  his  Lordship  promises  to  lay  the  subjects 
suggested  in  it  before  his  colleagues,  immediately  after  his  return,  there  is 
no  reason  to  expect  that  any  departure  from  the  policy  already  determined 
upon  will  take  place.  It  is  probable  that  you  will  receive  this  despatch 
aoout  the  time  of  the  meeting  of  Congress.  Any  measures  in  the  spirit, 
and  with  the  object,  of  those  proposed  at  the  last  session,  and  then  post- 
poned, may  be  now  adopted  without  hesitation.  My  own  entire  conviction  is, 
that  the  operation  of  such  measures,  if  suceessful,  will  be  the  only  possible 
means  of  convincing  this  government  of  the  expediency  of  relaxing  from 
the  rigour  of  their  exclusive  colonial  system.  It  is,  and  uniformly  has 
been,  my  opinion,  that  the  result  of  the  equalisation  of  duties  will  be  to 
the  advantage  of  Great  Britain,  and  to  our  disadvantage.    But  the  princi- 

|)le  was  sanctioned,  by  an  act  of  Congress,  before  the  Convention  of  3d  Ju- 
y,  1815,  was  negotiated.  The  benefit  of  the  Convention  to  us,  if  any,  h 
in  the  India  trade;  but  as  its  duration  is  to  be  so  short,  the  only  chance  of 
having  it  renewed,  at  the  end  of  its  four  years,  with  additional  articles  of 
more  liberality,  will  be  effective  counteracting  regulations  in  respect  to  the 
commerce  with  the  British  colonies  in  tlie  West  Indies." 


f, 


ollection  of 
obviate,  if 


leers,  after 

le  first  arti- 
ly  from  the 
eace,  is  so 
an  govern- 
jr  instruct- 
ion of  some 
ms  in  the 
es  in  other 
,  no  better 

is  proposal 
jrai  wishes 
y  exposed, 
a  8  with  any 
>se  of  sucn 
ii  requests 

ince  of  his 
DAMS. 


[71] 


O 


Lord  Castlereagh  to  Mr,  Adams,  dated  Foreign  Office,  Septemher 

28^^,1816. 

Sib:  I  very  much  regret  that  the  absence  from  London,  at  this 
season  of  the  year,  of  several  of  the  Prince  Regent's  ministers,  wiH 
preclude  me  from  returning  as  early  an  answer  to  your  note  of  th« 
17th  as  I  should  wish,  under  the  sense  I  entertain  of  the  great  import 
^anre  of  the  several  objects  to  which  it  invites  the  attention  of  this 
government. 

I  have  myself  obtained  the  permission  of  the  Prince  Regent  t« 
make  a  short  excursion  to  Ireland  on  my  private  aifairs,  but  I  shall 
certainly  return  to  London  by  the  middle  of  November,  and  shall 
lose  no  time,  as  soon  after  that  period  as  my  colleagues  shall  be  re* 
assembled,  to  bring  the  various  objects  referred  to  in  your  note  un- 
der their  deliberation. 

I  request  you  will  accept  the  assurances  of  the  high  consideration 
with  which  I  have  the  honor  to  be, 

Sir,  your  most  obedient  humble  servant,         ' ' 

CASTLEREAGH. 

JoHif  QviNGY  Adams,  Esq. 
^•c.  ^c.  ^c. 


te,  dated 

',  1816. 

ind.   Pre- 

a  copy  is 

binet  Mi- 

|y  note  ol 

subjects 
1,  there  is 
[tennined 
despatch 
[he  spirit, 
len  post- 
fiction  is, 

possible 
Ing  from 
[mly  has 
'ill  be  to 
princi- 
tfSdJu- 
If  any,  is 
lance  of 
licles  of 
k  to  the 


^\ 


Extract  oj  a  Utter  from  Mr,  Mams  to  the  Secretary  of  State,  dated 
London,  ZAth  December,  1816. 

**  Yesterday  morning  I  received  a  note  from  Lord  Castlereagh, 
requesting  me  to  caM  upon  him;  and  he  informed  me,  that,  as  he  was 
going  out  of  town  for  a  few  days,  he  had  sent  for  me  to  say,  that  he 
had  not  forgotten  his  promise  to  me  before  his  departure  for  Ireland; 
that  the  proposal  in  my  note  of  27th  September,  for  a  commercial  ne- 
gotiation, should  be  considered  immediately  after  his  return;  that  two 
cabinet  councils  had  already  been  held  on  the  subject,  and,  as  soon 
as  the  objects  could  be  sufficiently  matured,  for  the  proper  authority 
to  be  given  to  him  to  treat,  I  should  hear  from  him  again.  It  would 
seem  from  this,  as  if  the  proposal  would  be  so  far  accepted  as  to  en- 
ter upon  a  negotiation;  but,  I  beg  leave  to  point  your  attention  to  an 
article  in  the  Courier  of  last  evening,  stating  the  proceedings  in  th6 
island  of  Dominica,  after  the  late  hurricane,  including  a  letter  from 
Earl  Bathurst,  dated  the  28th  of  September  last,  and  to  an  adver- 
tisement from  the  Victualling  Office,  for  a  supply  of  flour,  to  be  deli- 
vered at  several  of  the  West  India  islands^  from  the  United  States, 
both  in  the  same  paper." 


44 


[71] 


■  '•>     Mr.  Monroe  to  Mr,  Mams, 

Department  ov  State,  February  S,  IBIT, 

Si  r:  I  have  the  honor  to  forward  to  you,  herewith,  a  copy  of  my 
correspondence  with  Mr.  Bagot,  in  relation  to  the  fisheries,  on  the 
coast  of  Labrador,  &c.  from  which  you  will  perceive,  that  our  nego- 
tiation on  that  interesting  subject  has  not  had  the  desired  result. 

Mr.  Bagot  professes,  on  the  part  of  his  government,  the  most  con- 
ciliatory dispositionin  regard  to  this  affair,  and  it  is  yet  to  be  hoped 
that  it  may  be  satisfactorily  settled.  With  this  view,,  the  President 
intends  to  renew  the  negotiation  as  soon  as  he  can  obtain  the  infor- 
mation necessary  to  enable  him  to  decide  what  arrangement  would 
be  best  calculated  to  reconcile  the  interests  of  both  parties,  which  he 
hopes  to  do  in  the  course  of  a  few  months.  In  the  mean  time,  he  ex- 
pects that  no  measures  will  be  taken  by  the  British  government  to 
alter  the  existing  stp.te  of  things,  and  that  it  will  be  in  your  power  to 
obtain  the  renewal  of  th3  order  to  the  naval  officer,  commanding  on 
that  station,  not  to  interrupt  or  disturb  our  fishermen  during  the  ap- 
proaching season. 

You  will  see  the  importance  of  an  early  attention  to  this  subject, 
as  the  fishing  season  is  fast  approaching. 

I  have  the  honor  to  be,  &c. 

JAMES  MONROE. 


w 

i  _; 

^i       i 

II 

Mr.  Bagot  to  Mr.  Monroe. 

Washington,  Mvember  Z7,  1816. 

Sir:  In  the  conversation  which  I  had  with  you  a  few  days  ago, 
upon  the  subject  of  the  negotiation  into  which  the  British  govern- 
ment is  willing  to  enter,  for  the  purpose  of  affording  to  the  citizens  of 
the  United  States  such  accommodation  for  their  fishery,  within  the 
British  jurisdiction,  as  may  be  consistent  with  the  proper  administra- 
tion of  his  Majesty's  dominions,  you  appeared  to  apprehend  that  nei- 
ther of  the  propositions  which  I  had  had  the  honor  to  make  to  you  up- 
on this  subject,  would  be  considered  as  affording,  in  a  sufficient  de- 
gree, the  advantages  which  were  deemed  requisite. 

In  order  that  I  may  not  fail  to  make  the  exact  nature  of  these  pro- 
positions clearly  understood,  and  that  I  may  fully  explain  the  consi- 
derations by  which  they  have  been  suggested,  it  may,  perhaps,  be  de- 
sirable that  I  should  bring  under  one  view  the  substance  of  what  I 
have  already  had  the  honor  of  stating  to  you,  in  the  several  conferences 
which  we  have  held  upon  this  business. 

It  is  not  necessary  fur  me  to  advert  to  the  discussion  which  has  tak- 
en place  between  Earl  Batluirst  and  Mr.  Adams.  In  the  correspon- 
dence which  has  passed  between  them,  you  will  have  already  seen,  in 
the  notes  of  the  former,  a  full  exposition  of  the  grounds  upon  which 


[71  ] 


45 


,  i8ir. 

py  of  my 
iB,  on  the 
our  negO" 
result, 
most  con- 
»  be  hoped 
President 
the  infor- 
lent  would 
,  which  he 
me,  he  ex- 
Tnment  to 
p  power  to 
landing  on 
ng  the  ap- 

lis  subject. 


NROE. 


7, 1816. 

days  ago, 
ih  govern- 
Icitizens  of 
Iwithin  the 
Iministra" 
that  nei- 
to  you  up- 
licient  de- 

I  these  pro- 
jthe  consi- 
\ps,  be  de- 
I  of  what  I 
inferences 

Ih  has  tak- 
lorrespon- 
\y  seen, in 
>on  which 


i 


the  liberty  of  drying  and  iSshing  within  the  British  limits,  as  granted 
to  the  citizens  of  the  United  States  by  the  treaty  of  1783,  was  consi- 
dered to  have  ceased  with  the  war,  and  not  to  have  been  revived  by 
the  late  treaty  of  peace. 

You  will  also  have  seen  therein  detailed  the  se.  'ous  considerations, 
affecting  not  only  the  prosperity  of  the  British  fishery,  but  the  general 
interests  of  the  British  dominions,  in  matters  of  revenue,  as  well  as 
government,  which  made  it  incumbent  upon  his  Majesty's  govern- 
ment to  oppose  the  renewal  of  so  extensive  and  injurious  a  concession, 
within  the  British  sovereignty,  to  a  foreign  state,  founded  upon  no 
principle  of  reciprocity,  or  adequate  compensation,  whatever.  It  has 
not  been  thought  necessary  to  furnish  me  with  additional  argument 
upon  this  point.  I  therefore  confine  myself,  upon  the  present  occa- 
sion, to  a  brief  repetition  of  what  I  have  already,  at  different  periods, 
had  the  honor  to  submit  to  your  consideration,  upon  the  subject  o(  an 
arrangement,  by  which  it  is  hoped  practically  to  reconcile  the  differ- 
ent views  uf  our  respective  governments. 

It  will  be  in  your  recollection,  that,  early  in  the  month  of  July  last, 
I  had  the  honor  to  acquaint  you  that  I  had  received  instructions  from 
my  government  to  assure  you,  that,  although  it  had  been  felt  neces- 
sary to  resist  the  claim  which  had  been  advanced  by  Mr.  Adams,  the 
determination  had  not  been  taken  in  any  unfriendly  feeling  towards 
America,  or  with  any  illiberal  wish  to  deprive  her  subjects  of  ade- 
quate means  of  engaging  in  the  fisheries;  but  that,  on  the  contrary, 
many  of  the  considerations  which  had  been  urged  by  Mr.  Adams,  on 
behalf  ot  the  American  citizens  formerly  engaged  in  this  occupation, 
had  operated  so  forcibly  in  favor  of  granting  to  them  such  a  conces- 
sion as  might  be  consistent  with  the  just  rights  and  interests  of  Great 
Britain,  that  I  had  been  furnished  with  full  powers  from  his  Royal 
Highness  the  Prince  Regent  to  conclude  an  arrangement  upon  the 
subject,  which  it  was  hoped  might  at  once  offer  to  tlie  United  States  a 
pledge  of  his  Royal  Highness'  good  will,  and  afford  to  them  a  rea- 
sonable participation  of  those  benefits  of  which  they  had  formerly  the 
enjoyment. 

It  being  the  object  of  the  American  government,  that,  in  addition 
to  the  right  of  fishery,  as  declared  by  the  first  branch  of  the  4th  article 
of  the  treaty  of  1783,  permanently  to  belong  to  the  citizens  of  the  Unit- 
ed States,  they  should  also  enjoy  the  privilege  of  having  an  adequate 
accommodation,  both  in  point  of  harbors  and  drying  ground,  on  the 
unsettled  coasts  within  the  British  sovereignty,  I  had  the  honor  to 
propose  to  you,  that  that  part  of  the  southern  coast  of  Labrador  which 
extends  from  Mount  Joli,  opposite  the  eastern  end  of  the  island  of 
Anticosti,  in  the  Gulf  of  St.  Lawrence,  to  the  Bay  and  Isles  Esqui- 
maux, near  the  western  entrance  of  the  Straits  of  Belle  Isle,  should 
be  allotted  for  this  purpose,  it  being  distinctly  agreed  that  the  fishei'- 
men  should  confine  themselves  to  the  unsettled  parts  of  the  coast,  and 
that  all  pretension  to  fish  or  dry  within  the  maritime  limits,  or  on 
any  other  of  the  coasts  of  British  North  America,  sliould  be  aban- 
doned. 


4ft 


[Tl] 


t'' 


Upon  Iparning  from  y<Ht,  some  weeks  ftftorwards,  that,  from  the  in- 
formation which  you  had  received  upon  the  subject  of  this  coiistf  yon 
were  apprebensiiiethat  it  would  not  afford,  in  a  sufficient  degree,  th« 
advantajs^s  required,  I  did  not  delay  to  acquaint  you  that  I  was  au- 
thorized to  offer  another  portion  of  coast,  which  it  was  certainly  not 
■o  convenient  to  the  British  government  to  assign;  but  which  thej 
^ould,  neverthelem,  be  willing  to  assign,  and  which,  from  its  natu- 
ral and  local  advantages,  could  not  fail  to  aflford  every  accommoda- 
tion of  which  the  American  fishermen  could  stand  in  nerd.  I  had 
then  the  honor  to  propose  to  you,  as  an  alternative,  that,  under  simi- 
lar conditions,  they  should  be  admitted  to  that  portion  of  the  southern 
coast  of  Newfoundland  which  extends  from  Cape  Ray,  eastward,  to 
the  Ramea  islands,  or  to  about  the  longitude  of  57  west  of  Greenwich. 

The  advantages  of  this  portion  of  coast  are  accurately  known  to 
the  British  government;  and,  in  consenting  to  assign  it  to  the  uses  of 
the  American  fishermen,  it  was  certainly  conceived  that  an  accommo- 
dation was  afforded  as  ample  as  it  was  possible  to  concede,  without 
abandoning  that  control  within  the  entire  of  his  Majesty's  own  har- 
bors and  coasts,  which  the  essential  interests  of  his  Majesty's  do- 
minions required.  That  it  should  entirely  satisfy  the  wishes  of  those 
who  have  for  many  years  enjoyed,  without  restraint,  the  privilege  of 
using,  for  similar  purposes,  all  the  unsettled  coasts  of  Nova  Scotia 
and  Labrador,  is  not  to  be  expected;  but,  in  estimating  the  value  of 
the  proposal,  the  American  government  will  not  fail  to  recollect  that 
it  is  offered  without  any  equivalent,  and  notwithstanding  the  footing 
upon  which  the  viavigation  of  the  Mississippi  has  been  left  by  the  trea- 
ty of  Ghent,  and  the  recent  regulations  by  which  the  subjects  of  his 
JMajesty  have  been  deprived  of  the  privileges,  which  they  so  long  en- 
joyed, of  trading  with  the  Indian  nations  within  the  territory  of  the 
United  States. 


I  have  the  honor  to  be,  Ice. 


'< 


,' 


CHARLES  BAGOT< 


;M. 


The  Secretary  of  State  to  Mr,  Bagot, 

Department  OF  State, 


*■'■; 


December  30^A,  1816. 


Sir:  I  have  had  the  honor  to  receive  your  letter  of  the  27th  of 
November,  and  to  submit  it  to  the  considei'ation  of  the  President. 
In  providing  for  the  accommodation  of  the  citizens  of  the  United 


concur 
their 


respective  rights;  and  to  proceed,  in  a  spiritof  conciliation,  to  examine 
what  arrangement  will  be  adequate  to  the  object.  The  discussion 
which  has  already  taken  place  between  our  governments^  lias^  it  is 


[74] 


47 


om  the  in- 
coiist,  yon 
egreOf  th6 
I  was  au* 
tainly  not 
vhich  they 
n  its  natu- 
commoda* 
i>d.    I  had 
inder  siml- 
le  southern 
istward*  to 
jreenwich. 
f  known  to 
the  uses  of 
I  accommo- 
ie,  without 
's  own  har- 
jesty's  do- 
heR  of  those 
privilege  of 
ifova  Scotia 
the  value  of 
collect  that 
the  footing 
y  the  trea- 
jects  of  his 
|so  long  en- 
tory  of  the 


presumed,  placed  the  claim  of  each  party  in  t  jost  light.    I  shall, 
therefore,  make  no  remark  on  that  part  of  your  note,  which  relates  to 
the  right  of  the  parties,  other  than  by  stating,  that  this  government 
entered  into  this  negotiation,  on  the  equal  ground  of  neither  claim- . 
ing  or  making  any  concession  in  that  respect. 

You  have  made  two  propositions,  the  acceptance  of  either  of  which 
must  be  attended  with  the  relinquishment  of  all  other  claims  on  the 
part  of  the  United  States,  founded  on  the  first  branch  of  the  fourth 
article  of  the  Treaty  of  1783.  In  the  first,  you  ofier  the  use  of  the 
territory  on  the  Labrador  coast,  lying  between  Mount  Joli  and  the 
Bay  of  Esquimaux,  near  the  entrance  of  the  Strait  of  Belle-I^le; 
and  in  the  second,  of  such  part  of  the  southern  coast  of  the  Island  of 
Newfoundland,  as  lies  betw^n  Gape  Ray  and  the  Uamian  Islands. 

I  have  made  every  inquiry  that  circumstances  have  permitted, 
respecting  both  these  coasts,  and  find  that  neither  would  afford  to  the 
citizens  of  the  United  States  the  essential  accommodation  which  is 
desired—  neither  having  been  much  frequented  by  them  heretofore,  or 
likely  to  be  iit  &iture.  I  am  compelled,  therefore,  to  decline  both 
propositions. 

I  regret  that  it  has  not  been  in  my  power  to  give  an  earlier  answer 
to  your  note:  you  will,  however,  have  the  goodness  to  impute  the 
delay  to  a  reluctance  to  decline  any  proposition  which  you  had  made, 
by  the  order  of  your  government,  for  the  arrangement  of  an  inter* 
est  of  such  high  importance  to  both  nations,  and  to  the  difficulty  of 
obtaining  all  the  information  necessary  to  guide  this  government  in 
the  decision. 

I  have  the  honor  to  be,  &c. 

JAMES  MONROE. 

The  Rt.  Hon.  Charles  Bagot.  \^- 


lAGOT* 


|A,  1816. 

le  27th  of 
Bsident. 
the  United 
|nic  Majes- 

I  concur 
in  of  their 
ito  examine 
1  discussion 

has,  it  is 


Jtfr.  Bagot  to  Mr.  Monroe, 

Washington,  December  31,  1810. 

Sir:  I  have  had  the  honor  to  receive  your  letter  of  yesterday's  date, 
acquainting  me  that  neither  of  the  propositions  which  I  had  submit- 
ted to  ^our  consideration.  Upon  the  subject  of  providing  for  the  citi- 
zens of  the  United  States,  engaged  in  the  fisheries,  some  adequate 
accommodation  for  their  pursuit  upon  the  coasts  of  his  Majestv*s 
territories,  having  been  found  to  afford  the  essential  convcniencies 
which  are  desired,  you  are  compelled  to  decline  them. 

The  object  of  his  Majesty's  government,  in  framing  these  proposi- 
tions, was  to  endeavor  to  assign  to  the  American  fisiiei  men,  in  the 
prosecution  of  their  employment,  as  large  a  participation  of  the  con- 
veniencies  afforded  by  the  neighboring  coasts  of  his  Majesty's  settle- 
ments, as  might  be  reconcileable  witli  the  just  rights  and  interests  of 
his  Majesty's  own  subjects,  and  the  due  administration  of  his  Majes- 


¥' 


48 


[71] 


^ 


1?     *•! 


ty'H  dominions;  and,  it  was  earnestly  hoped,  that  either  one  or 
ihr  other  of  them  would  have  been  found  to  afford,  in  a  mfficient  de- 
gK  r.  the  accommodation  which  was  required. 

The  wish  of  his  Royal  Highness  the  Prince  Regen  to  extend  to 
the  citizens  of  the  United  States  every  advantage,  which,  for  the 
purposes  in  view,  can,  be  derived  from  the  use  of  his  Majesty's  coasts, 
has  no  other  limit,  than  that  which  is  necessarily  prescribed  by  a  re- 
gard to  the  important  considerations  to  which  I  have  adverted.  His 
Royal  Highness  is  willine  to  make  the  utmost  concession  which 
thrst;  considerations  will  admit;  and  in  proof  of  the  sincerity  of  this 
disposition,  I  have  received  his  Royal  Highnesses  instructions  to  ac- 
quaint you,  that  if,  upon  examination  of  the  local  circumstances  of 
the  coasts,  which  I  have  had  the  honor  to  propose,  the  American  go- 
vernment should  be  of  opinion  that  neither  of  them,  taken  separate- 
ly, would  afford,  in  a  satisfactory  degree,  the  conveniencies  ^vhich 
are  deemed  requisite,  his  Royal  Highness  will  be  willing  that  the 
citizens  of  the  United  States  should  have  the  full  benefit  of  both  of 
them,  and  that,  under  the  conditions  already  stated,  they  should  be 
admitted  to  each  of  the  shores,  which  I  have  had  the  honour  to  point 
out. 

In  consenting  to  assign  to  their  use  so  large  a  portion  of  his  Ma- 
jesty's coasts,  his  Royal  Highness  is  persuaded  that  he  affords  an 
unquestionable  testimony  of  liis  earnest  endeavor  to  meet,  as  far  as  is 
possible,  the  wishes  of  the  American  Government,  and  practically 
to  accomplish,  in  the  amplest  manner,  the  objects  which  they  have 
in  view.  The  free  access  to  each  of  thesb  tracts,  cannot  fail  to  offer 
every  variety  of  convenience  which  the  American  fishermen  can  re- 
quire in  the  different  branches  of  their  occupation;  and  it  will  be  ob- 
served, that  an  objection,  which  might  possibly  have  been  felt  to  the 
acceptance  of  either  of  the  propositions,  when  separately  taken,  is 
wholly  removed,  by  the  offer  of  them  conjointly;  as,  from  whatever 
quarter  the  wind  may  blow,  the  American  vessels  ingaged  in  the  fish- 
ery, will  always  have  the  advantage  of  a  safe  port  under  their  lee. 

His  Royal  Highness  conceives,  that  it  is  not  in  his  Royal  High- 
ncss's  power  to  make  a  larger  concession  than  that  which  is  now 
proposed,  without  injury  to  the  essential  rights  of  his  Majesty's  do- 
minions, and  some  of  the  chief  interests  of  his  Majesty's  own  sub> 
jects.  But  it  will  be  a  source  of  sincere  satisfaction  to  his  Royal 
Highness,  if,  in  the  arrangement,  which  I  have  the  honor  to  submit, 
the  citizens  of  the  United  States  shall  find,  as  his  Royal  Highness 
confidently  believes  that  they  will  find,  ample  means  of  continuing  to 
pursue  their  occupation,  with  the  convenience  and  advantage  which 
they  desire. 

I  have  the  honor  to  be,  with  the  highest  consideration.  Sir,  &c. 

CHARLES  BAGOT. 


[  71  ] 


49 


lier  one  or 
ufficient  de- 

to  extend  to 
liicli,  for  the 
i)tyN  cuastSy 
led  by  a  re- 
rerted.  His 
ision  which 
trity  of  this 
;tions  to  ac- 
imstances  of 
merican  go- 
en  separate- 
ncies  ^vhich 
ing  that  the 
it  of  both  of 
y  should  be 
lour  to  point 

I  of  his  Ma- 
le affords  an 
t,  as  far  as  is 
I  practically 
h  they  have 
;  fail  to  offer 
men  can  re- 
twill  beob- 
tn  felt  to  the 
y  taken,  is 
m  whatever 
1  in  the  fish- 
their  lee. 
loyal  High- 
hich  is  now 
ajesty*s  do- 
's own  sub* 
his  Royal 
)r  to  submit, 
il  Highness 
ontinuing  to 
ntage  which 

Sir,  &c. 
IBAGOT. 


The  Secretary  of  State  to  Mr,  Bagot, 

Department  of  State,  January  7ih,  1817. 

Sir:  I  have  had  the  honor  to  receive  your  letter  of  the  3l8t  of  De- 
cember, proposing  an  accommodation  of  the  difference  between  our 
governments,  relative  to  the  fisheries  comprised  io  the  first  branch 
of  the  fourth  article  of  the  treaty  of  1783,  by  ftie  allotment  of  both 
the  coasts,  comprised  in  your  former  propositions. 

Having  stated  in  my  letter  of  the  dOtfa  of  December,  that,  accord- 
ing to  the  best  information  which  I  had  been  able  to  obtain,  neither 
of  those  coasts  had  been  much  frequented  by  our  fishermen,  or  was 
likely  to  be  so  in  future,  I  am  led  to  believe  that  they  would  not, 
when  taken  conjointly,  as  proposed  in  your  last  letter,  afford  the  ac- 
commodation which  is  so  important  to  them,  and  which  it  is  very  sa- 
tisfactory to  find  it  is  the  desire  of  your  government  that  they  should 
possess.  From  the  disposition  manifested  by  your  government,  which 
corresponds  with  that  of  (he  United  States,  a  strong  hope  is  enter- 
tained, that  further  inquiry  into  the  subject  will  enable  His  Royal 
Highness  the  Prince  Regent  to  ascertain,  that  an  arrangement  on  a 
scale  more  accommodating  to  the  expectation  of  the  United  States 
will  not  be  inconsistent  with  the  interest  of  Great  Britain. 

In  the  mean  time,  this  government  will  persevere  in  its  measures 
for  obtaining  such  further  information,  as  will  enable  it  to  meet 
yours  in  the  conciliatory  views  which  are  cherished  on  both  sides. 

I  have  the  honor  to  be,  &c. 
^  JAMES  MONROE. 

The  Rt.  Hon.  Charles  Bagot. 


Mr.  Adams  to  the  Secretary  of  State,  dated  London,  20th  March,  1817. 

Sib:  The  day  before  yesterday,  I  had  an  interview  with  Itord  Cas- 
tlereagh,  when  he  informed  mc  that  the  British  government  had  come 
to  a  determination  respecting  the  commercial  part  of  the  proposals 
for  the  negotiation  6f  a  further  treaty,  which  I  had  made  last  Sep- 
tember. That  they  were  still  not  prepared  to  abandon  their  ancient 
colonial  system,  but  they  were  willing  to  extend  to  the  United  States 
the  benefits  of  the  free  port  act,  to  the  same  extent  that  they  were  now 
enjoyed  by  the  vessels  of  European  nations,  and  to  give  a  partial  ad- 
mission of  our  vessels  to  the  island  of  Bermuda,  and  to  Turk's  Isl- 
and. And,  with  regard  to  the  intercourse  between  the  United  States 
and  the  adjoining  British  provinces,  they  would  renew  a  proposal 
heretofore  made,  founded  altogether  upon  the  principle  of  reciprocity, 
which  proposal  he  read  to  me,  from  a  paper  which  he  said  was  not 
quite  finished,  but  which  would  be  sent  me  in  the  course  of  the  next 
day.  Last  evening  I  received  a  note  from  Mr.  Hamilton,  the  Under 
Secretary  of  State  in  the  Foreign  Departmrnt,  with  a  draft  of  four 
articles,  a  copy  of  which,  hastily  made,  I  now  enclose,  as  Mr.  Eve- 


50 


C71  3 


% 


•  .1 


rett  leaves  town  this  morning.  The  part  read  to  me  by  Lord  Castle- 
reagii  was  the  fourth  article,  excepting  the  last  paragraph. 

I  do  not  think  it  possible  to  make  any  thing  out  of  these  articles 
to  which  I  caB«  under  my  present  instructions,  agree.  I  therefore 
enclose  copies  of  them,  with  the  requestof  immediate  further  instruc- 
tions. Lord  Castlereagh  informed  me,  that  they  had  received  infor- 
mation that  the  act  of  Congress,  prohibiting  the  clearance  of  foreign 
vessels  for  ports  to  which  vessels  of  the  United  States  are  not  admit- 
ted, had  passed;  and  ho  repeated  the  assurance,  that  this  government 
considered  it  as  perfectly  proper,  and  as  giving  them  no  cause  of 
complaint  or  dissatisfaction.  It  seems  to  me,  however,  that  the  very 
slight  and  partial  concessions  in  the  enclosed  articles,  are  intended 
to  counteract  its  effects,  and  this  opinion  contributes  to  caution  me 
against  subscribing  to  them  without  your  further  orders.  Lord  Cas- 
tlereagh*s  offer  is  to  make  them  supplementary  to  the  Convention  of 
3d  July,  1815,  and  to  be  in  force  for  the  same  time. 
1  am,  with  grout  respect. 

Sir,  your  very  humble  and  obedient  servant, 
^  JOHN  QUINCY  ADAMS. 


ARTICLE  1. 


I 
til 


H" 


ll» 


i 


His  Britannic  Majesty  consents  to  extend  to  the  United  States 
the  provisions  of  the  Free  Port  Act,  as  established  by  the  45th  Geo. 
3d,  c.  57,  (except  as  far  as  relates  to  negro  slaves,  which,  under  the 
abolition  acts,  can  no  longer  be  lawfully  exported  from  any  British 
possession  to  any  foreign  country)  that  is  to  say,  that  any  sloop, 
schooner,  or  oth'^r  vessel  whatever,  not  having  more  than  one  deck, 
and  being  owned  and  navigated  by  subjects  of  the  United  States, 
may  import  into  any  of  the  free  ports  in  his  Majesty's  possessions  in 
the  West  Indies,  from  the  United  States,  any  of  the  articles  enume- 
rated in  the  above  act,  being  of  the  growth  or  production  of  the 
United  States,  and  any  coin,  bullion,  diamonds,  and  precious  stones, 
and  the  said  ai  tides  being  of  the  growth  or  production  of  the  United 
States;  and  also  all  other  articles  imported  into  the  said  free  ports, 
by  virtue  of  this  convention,  from  the  United  States,  shall  be  subject, 
in  all  respects,  to  the  same  rules,  regulations,  and  restrictions,  and 
shall  enjoy  the  same  advantages,  as  tore-exportation,  as  are  now  ap- 
plied to  similar  articles  when  imported  by  authority  of  the  said  act, 
from  any  other  foreign  country,  and  re-exported  from  the  said  pos- 
sessions of  his  Majesty.  His  Britannic  Majesty  further  consents, 
that  any  vessel  of  the  United  States,  as  above  described,  may  export 
from  any  of  the  said  ports,  to  the  United  States,  rum,  of  the  produce 
of  any  British  colony  or  possession,  and  also  all  manner  of  goods, 
wares,  or  merchandise,  which  shall  have  been  legally  imported  into 
those  possessions  of  his  Majesty  in  which  the  said  free  ports  are 
established,  except  masts,  yards,  or  bowsprits,  pitch,  tar,  and  tur- 


ill' 


[71] 


it 


d  Gastle- 

e  articles 
therefore 
r  in8truc« 
ved  infor- 
of  foreign 
lot  admit* 
vernment 

1  cause  of 
t  the  very 

2  intended 
aution  me 
^ord  Cas- 
irention  of 


vant, 
lDAMS. 


ed  States 

45th  Geo. 

under  the 

ly  British 

ny  sloop, 

one  deck, 

3d  States, 

essions  in 

;s  enume- 

m  of  the 

lis  stones, 

le  United 

ee  ports, 

'.  subject, 

ions,  and 

now  ap- 

said  act, 

said  pos> 

consents, 

iy  export 

produce 

>f  goods, 

rtcd  into 

lorts  are 

and  tur> 


pentine;  and  also  except  such  iron  as  Nhall  have  been  brought  from 
the  British  colonics  or  plantations  in  America. 

And  whereas,  by  an  act  passed  in  the  48th  year  of  his  Majesty's 
reign,  cap.  125,  rice,  grain,  and  flour,  are  added  to  the  articles  pre- 
viously allowed  to  bn  imported  into  the  said  free  ports,  it  is  agreed, 
that  those  articles  may  be  imported  from  the  United  States  into  the 
said  free  ports,  in  vessels  of  the  United  States,  as  above  described; 
and  it  is  agreed,  on  the  part  of  the  United  States,  that  any  facili- 
ties granted  in  consequence  of  this  convention,  to  American  ves- 
sels in  his  Majesty's  said  colonies  and  possessions,  shall  be  reci- 
procally granted,  in  the  ports  of  the  United  States,  to  British  vessels 
of  a  similar  description,  engaged  in  the  intercourse  so  allowed  to 
be  carried  on;  and  that  if,  at  any  future  period,  during  the  con- 
tinuance of  this  convention,  his  Britannic  Majesty  should  think 
lit  to  grant  any  further  facilities  to  vessels  of  the  United  States, 
in  the  said  colonies  and  possessions,  British  vessels  trading  be- 
tween the  said  colonies  and  possessions  and  the  United  States, 
shall  enjoy  in  the  ports  of  tiie  latter  equal  and  reciprocal  advan- 
tages. 

It  is  further  agreed,  that  articles  imported  into  the  said  free  ports 
of  the  United  States,  by  virtue  of  this  convention,  shall  pay  the  same 
duties  as  are  or  may  be  payable  upon  similar  articles  when  imported 
into  the  said  free  ports  from  any  other  foreign  country.  And  the 
same  rule  shall  be  observed  on  the  ])art  of  the  United  States,  in  re- 
gard to  all  duties  chargeable  upon  all  such  articles  as  may,  by  virtue 
of  this  convention,  be  exported  from  the  said  free  ports  to  the  United 
States.  But  his  Britannic  Majesty  reserves  (o  himself  the  right  to 
impose  higher  duties  upon  all  articles  so  allowed  to  be  imported 
into  the  said  free  ports  from  the  United  States,  or  from  any  other  fo- 
reign country,  than  are  or  may  be  chargeable  upon  all  similar  arti- 
cles when  imported  from  any  of  his  Majesty's  possessions. 

ARTIC/.E  2.  ,  ^ 

His  Britannic  Majesty  engages  to  allow  the  vessels  of  the  United 
States  to  import  into  the  island  of  Bermuda  the  following  articles, 
to  wit:  Tobacco,  pitch,  tar,  turpentine,  hemp,  fla^f,  masts,  yards, 
bowsprits,  staves,  heading  boards,  and  plank,  timber,  shingles,  and 
lumber  of  any  sort;  bread,  biscuit,  flour,  pease,  beans,''potatoes, 
wheat,  rice,  oats,  barley,  and  grain  of  any  sort;  such  commodities 
being  the  growth  or  production  of  the  territories  belonging  to  the 
United  States  of  America.  And  to  export  from  the  said  island,  to  the 
United  States,  in  vessels  of  the  said  States,  any  goods  or  commodi- 
ties whatsoever,  which  are  now  by  law  allowed  to  be  exported  from 
his  Majesty's  colonies  and  possessions  in  the  West  Indies,  to  any 
foreign  country  or  place  in  Europe.  And  also,  sugar,  molasses,  cot- 
fee,  cocoa  nuts,  ginger,  and  pimento;  and,  also,  all  goods,  the  growth, 
produce,  or  manufacture  of  the  United  Kingdom  uf  Great  Britain 
and  Ireland,  upon  the  same  terms,  and  subject  to  the  same  duties 


83 


[71] 


'I   ' 


I   I 


only,  as  would  aifect  similar  articles  when  impoited  from  the  United 
States  into  Bermuda,  or  exported  from  Bermuda  to  the  United 
States,  in  British  ships.  And  it  is  agreed,  on  the  part  of  the  United 
States,  that  a  similar  equality  shall  prevail  in  the  ports  of  the  said 
states,  with  regard  tu  all  British  vessels  trading  in  similar  articles 
between  the  United  States  and  the  island  of  Bermuda. 

ARTICLE  3. 


myh 


It  is  agreed  that  vessels  of  the  United  States  may  resort  to  Turk's 
Island,  for  the  purpose  of  taking  in  cargoes  of  salt,  for  the  United 
States;  and  that  the  vessels,  so  resorting  to  the  said  islands,  shall  be 
allowed  to  import  tobacco  and  cotton  wool,  the  produce  of  the  said 
United  States,  upon  the  same  terms,  and  subject  to  the  same  duties 
as  British  ships  when  engaged  in  a  similar  intercourse.  It  is  agreed, 
on  the  part  of  the  United  States,  that  a  similar  equality  shall  prevail 
in  the  poi-ts  of  the  said  States,  with  regard  to  all  British  vessels 
trading  in  the  same  articles  between  the  United  States  and  the  said 
Turk's  Island. 


i^k  ARTICLE  4. 

It  is  agreed  that  the  navigation  of  all  lakes,  rivers,  and  water 
<:oinmunications,  the  middle  of  which  is,  or  may  be,  the  boundary  be- 
tween his  Britannic  Majesty's  territories  on  the  continent  of  North 
America,  and  the  United  States,  shall,  with  the  exception  hereinaf- 
ter mentioned,  at  all  times  be  free  to  his  Majesty's  vessels,  and  those 
of  the  citizens  of  the  United  States.  The  inhabitants  of  his  Bri- 
tannic Majosty's  territories  in  North  America,  and  the  citizens  and 
subjects  of  the  United  States,  may  freely  carry  on  trade  and  com- 
meicc,  by  land  or  inland  navigation,  as  aforesaid,  in  goods  and  mer- 
chandise, the  growth,  produce,  or  manufacture  of  the  British  terri- 
tories in  Europe  or  elsewhere,  or  of  the  United  States,  respectively, 
within  the  territories  of  the  two  parties  respectively,  on  the  said 
continent  (the  countries  within  the  limits  ul  the  Hudson's  Bay  Com- 
pany only  excepted,)  and  no  other  or  higher  duties,  or  tolls,  or  rates 
of  carriage  or  portage,  than  which  are,  or  shall  be,  payable  by  na- 
tives respectively,  sliall  be  taken  or  demanded  on  <  ither  side.  All 
goods  or  merchandise,  whose  importation  into  the  United  States  sitall 
not  be  wholly  prohibited,  may  freely,  for  the  purposes  of  commerce, 
abovementioned,  be  carried  into  the  said  United  States,  in  the  man- 
ner aforesaid,  by  his  Britannic  Majesty's  siil)jects;  and  such  goods  or 
merchandise  shall  be  subject  to  no  other  or  iiigher  duties  than  would 
be  payable  by  citizens  of  the  United  States,  on  tlie  importation  of 
the  same  in  American  vessels  into  the  Atlantic  ports  of  the  United 
States;  and,  in  like  manner,  all  goods  and  mercliandise,  the  growth, 
])roduce,  or  manufacture,  of  the  United  States,  whose  importation 
into  his  Majesty's  said  territories  in  America  sliall  not  be  entirely 
pn^hibited,  may  iVoely,  for  the  purposes  of  tiie  commerce  above  men- 
tioned, be  carried  into  the  same  by  land;  or  by  means  of  such  lakes, 


[71  ] 


58 


0  United 

United 

e  United 

the  said 

*  articles 


o  Turk's 
e  United 
,  shall  be 
f  the  said 
me  duties 
s  agreed, 
11  prevail 
ih  vessels 
d  the  said 


ind  water 

ndary  be- 

of  North 

hereinaf- 

and  those 

his  Bri- 

izens  and 

and  com- 

and  mer- 

tish  terri- 

ipectively, 

the  said 
8ay  Com- 

or  rates 
hie  by  na- 
aitlc.  All 
tates  shall 
commerce, 
I  the  man- 
h  goods or 
han  would 
ortation  of 
ho  United 
»e  growth, 
nportation 
le  entirely 
tbove  men- 
iuch  lakes, 


livers,  and  water  communications,  as  abovementioned,  by  the  citi- 
zens of  the  Untied  States;  and  such  goods  and  mercliandise  shall  be 
subject  to  no  other  or  higher  duties  than  would  be  payable  by  his 
Majesty's  subjects,  on  the  importation  of  the  same  from  Europe  into 
the  said  territories. 

No  duty  shall  be  levied,  by  either  party,  on  peltries  or  fiirs,  which 
may  be  brought,  in  the  manner  aforesaid,  by  land  or  inland  naviga- 
tion, from  the  said  territories  of  one  party  into  the  said  territories  of 
another;  but  tolls,  or  rates  of  ferrja^e,  may  be  demanded  and  taken, 
in  manner  above  mentioned,  on  su6n  peltries  or  furs. 

It  is  further  agreed,  that  nothing  in  this  article  contained,  as  to 
the  navigation  of  rivers,  lakes,  or  water  communications,  shall  ex- 
tend to  give  a  right  of  navigation  upon  or  within  tlie  same,  in  those 
ports  where  the  middle  is  not  the  boundary ,  between  his  Britannic 
Majesty's  territories  and  the  United  States  of  America. 


Extract  of  a  letter  from  Mr.  Adams  to  Lord  Castlereagh,  dated 

"  £8  Craven-streett  2lst  ApriltflS\7. 

"  The  undersigned.  Envoy  Extraordinary  and  Minister  Plenipoten- 
tiary from  the  United  States  of  America,  has  received  the  four  pro- 
jected articles  for  a  supplement  to  the  Commercial  Convention  of  Sd 
July,  1813,  sent  him  by  direction  of  Lord  Castlereagh,  and  has  trans- 
mitted them  for  the  consideration  of  his  government. 

By  a  letter  of  instruction  from  the  Secretary  of  State  of  the  Unit- 
ed States,  of  the  5th  of  February  last,  the  undersigned  is  informed, 
that  the  negotiation  between  him  and  Mr.  Bagot,  in  relation  t**  the 
fisheries  on  the  North  American  Coast,  had  not  been  brought  to  the 
desired  result;  that  it  is  yet  to  be  hoped,  however,  that  it  may  be  sa- 
tisfactorily settled.  That,  with  this  view,  it  was  the  President's  in- 
tention to  renew  the  negotiation  as  soon  as  he  could  obtain  the  inform- 
ation necessary  to  ascertain  what  arrangement  would  be  best  cal- 
culated to  reconcile  the  interests  of  both  parties,  which  he  hoped  to 
do  in  the  course  of  a  few  months.  That,  in  the  mean  time,  he  relied 
that  no  measures  would  be  taken  by  his  Majesty's  Government,  to 
alter  the  existing  state  of  things,  and,  particularly,  that  the  order  to 
the  naval  officer  commanding  on  that  station,  not  to  interrupt  or 
disturb  the  American  fishermen  during  the  approaching  season, 
would  be  renewed. 

The  undersigned  has  the  honor  of  renewing  to  Lord  Castlereagh 
the  assurance  of  his  high  consideration." 


Extract  of  a  letter  from  Lord  Castlereagh  to  Mr.  ddams,  dated 

Foreign  Office,  MatjTth,  1817. 
"The undersigned,  his  Majesty's  principal  Secretary  of  State  for 
Foreign  Affairs,  in  reply  to  Mr.  Adams's  note  of  the  ?lst  ultimo,  has 


il„ 


54 


[71  ] 


'p.: 


,.'r 


tlie  Iionoi'to  acquaint  him,  that,  as  soon  as  tlic  proposition  which  Mr. 
Bagot  was  authorized,  in  July  last,  to  make  to  the  government  of 
the  United  States,  for  arranging  the  manner  in  which  American  citi- 
zens might  be  permitted  to  carry  on  the  fisheries  within  the  British 
limits,  had  been  by  them  declined,  viz.  in  the  month  of  February, 
the  same  was  immediately  notified  by  his  Majesty's  Minister  in 
America,  to  the  British  Admiral  commanding  at  Halifax,  the  effect 
of  which  notification  was  to  revive  the  orders  which  Mr.  Bagot  had 
taken  upon  himself  to  suspend ,  in  the  expectation  that  the  discussions, 
in  which  he  was  then  employed  with  the  American  governmeoty  would 
have  led  to  a  satisfactory  issue. 

These  discussions  having  failed  of  success,  and  the  orders  above 
alluded  to  being  consequently  now  in  full  force,  the  British  govern- 
ment cannot  but  feel  some  reluctance  again  to  suspend  them,  without 
being  in  possession  .of  more  precise  grounds  for  expecting  an  adjust- 
ment.  Persuaded,  however,  from  the  official  communication  received 
from  Mr.  Adams,  that  it  is  not  only  the  sincere  desire  of  the  Presi- 
dent of  the  United  States  to  come  to  an  amicable  arrangement,  but, 
also,  that  he,  being  already  in  possession  ot  the  views  of  Great  Bri- 
tain, is  now  led  to  entertain  a  strong  expectation  that  a  settlement, 
which  shall  reconcile  the  interests  of  both  parties,  may,  without  any 
material  delay,  be  effectuated,  the  Prince  Regent,  under  these  im- 
pressions, is  willing  to  give  to  the  American  government  this  addi- 
tional proof  of  his  earnest  wish  that  the  negotiation  should  proceed, 
under  circumstances  the  most  favorable  to  a  speedy  and  amicable  con- 
clusion, by  acceding  to  the  application  of  the  government  of  the  Unit- 
ed States,  as  brought  forward  by  Mr.  Adams.  Instructions  will,  ac- 
cordingly, be  expedited  to  the  naval  commanders  on  the  American 
station,  to  suspend  the  execution  of  the  said  orders,  during  the  ap- 
proaching season.  Ample  opportunity  will  thus  be  afforded  for  com- 
ing to  an  amicable  arrangement,  more  particularly  as  it  appears  the 
American  Secretary,  in  February  last,  had  it  in  contemplation  to  offer, 
for  the  consideration  of  the  British  government,  some  specific  pro- 
position on  the  subject,  which  Mr.  Bagot  did  not  then  f'eel^  himself 
authorized  to  take,  ad  referendum,  but  which  he  has  since  been  in- 
structed to  receive,  and  transmit  for  the  opinion  of  his  court.'' 


The 


tai-ij 


'  i  ^'' 


Mr.  Rush,  acting  as  Secretary  of  State,  to  Mr,  Bagot, 

Department  of  State, 

May  30,  1817. 

Sir:  I  had  the  honor  to  receive,  and  have  laid  before  the  Presi- 
deiit,  your  note  of  the  27th  of  this  month. 

In  answer  to  it,  1  have  the  honor  to  state,  that  this  government  is 
not  yet  prepared  to  make  known,  in  any  definite  and  final  shape,  the 
nature  and  extent  of  the  accommodation  desired  by  its  citizen^  en- 


,'r   ^■ 


lich  Mr. 
iment  of 
can  citU 
British 
ebruary, 
lister  in 
:he  effect 
kgot  had 
;ussions, 
it,  would 

rs  above 
I  govern- 
,  without 
1  adjust- 
received 
le  Presi- 
ent,  buty 
reat  Bri- 
ttlement, 
bout  any 
hese  im- 
his  addi- 
proceed, 
able  con- 
he  Unit- 
will,  ac- 
imerican 
: the  ap- 
for  com- 
iears  the 

to  offer, 
iiic  pro- 

himselt' 
been  in- 


[71] 


55 


1817. 

e  Presi- 

nment  is 
ape,  the 
zeng  en- 


.; 


gaged  in  the  fisheries,  along  the  coast  of  his  Britannic  Majesty's 
dominions,  according  to  the  invitation  held  out,  by  order  of  the 
Prince  Regent,  in  your  note.  At  the  same  time*  I  am  directed  by  the 
President  to  inform  you,  that  he  recognises,  in  the  terms  of  this  in- 
vitation, not  less  than  in  the  general  scope  of  your  note,  a  spirit  of 
friendly  accommodation,  which  this  government,  not  foregoing  rights 
which  it  feels  itself  bound  to  look  to,  will,  nevertheless,  be  desirous, 
in  the  fullest  extent,  to  reciprocate. 

On  the  return  of  the  President  from  a  tour  through  part  of  the 
United  States,  which  he  is  now  upon  the  eve  of  commencing,  it  is 
expected  that  this  department  will  be  enabled  to  offer  such  proposi- 
tions as,  taking  for  their  basis  the  principles  stated  in  your  note,  it 
is  confidently  hoped,  may  end  in  an  adjustment  of  this  important  in- 
terest, upon  terms  reconcileable  with  the  views  of  both  nations,  and 
serve  to  strengthen  the  harmony  and  good  understanding  which  it  is 
so  desirable  to  cultivate  and  preserve  between  them. 

I  have  the  honor  ♦o  be,  &c.  *^ 

RICHARD  RUSIf .  - 
The  Rt.  Hon.  Charles  Bagot. 


Mr.  Bushf  Jicting  Secretary  of  State,  to  Mr,  Bagot. 

Department  of  State, 

Mgmt  4,  1817. 

Sir:  It  becomes  my  duty  to  address  you  upon  a  subject  of  deep  in- 
terest to  all  those  citizens  of  this  country,  who  are  concerned  in  the 
fisheries. 

I  By  representations  made  to  this  department,  it  appears,  that,  at 
the  commencement  of  the  present  fishing  season,  twenty  sail  of  fish- 
ing vessels,  of  from  twenty-five  to  forty-five  tuns  burden,  belonging 
to  ports  of  the  United  States,  were  fitted  out,  and  sailed,  for  the  pur- 
pose of  fishing  on  the  western  bank.  That,  while  on  their  way,  a 
number  of  them  were  compelled  by  a  storm  to  put  into  a  harbor,  at 
Ragged  Island,  near  Shelburne  light-house.  That,  while  here,  they 
were  boarded  by  an  officer  of  the  customs,  who  demanded,  and  re- 
ceived light-money  from  them,  notwithstanding  the  circumstances  of 
compulsion  and  distress  under  which  they  had  entered  the  port.  That 
they  afterwards  proceeded  to  the  bank,  where,  after  remaining  ma- 
ny weeks,  they  completed  their  fares  of  fish,  and  commenced  their 
return  to  the  United  States.  That,  meeting  with  another  severe 
storm,  upon  their  return,  they  were  again  forced  to  seek  shelter  in  a 
British  port,  a  few  leagues  to  the  westward  of  Halifax.  That  in 
this  port  they  were  captured  by  an  armed  barge,  despatched  from  the 
British  sloop  of  war  Dee,  Captain  Chambers,  and  the  next  morning 
ordered  for  Halifax,  where  they  all  arrived  on  the  9th  of  June.  That 
the  unfortunate  crews  have  been  exposed  to  peculiar  inconveniences: 


56 


[71] 


■%• 


and  hardships,  and  that  those  \vbo  desired  to  return  to  their  homes 
were  refused  passports  towards  facilitating  that  end,  from  the  proper 
officers  to  whom  they  made  application. 

For  further  particulars  connected  with  the  above  facts,  I  have  the 
honor  to  enclose  you  an  extract  of  a  letter"^  to  this  department,  from 
the  Collector  of  Boston,  dated  June  the  30th.  It  will  be  seen  that 
it  is  not  a  case  involving  unsettled  questions  between  the  two  coun- 
tries in  relation  to  the  fisheries,  but  which  it  is  so  confidently  hoped 
are  in  a  train  of  satisfactory  and  amicable  arrangement.  It  is,  on  ihe 
other  hand,  distinctly  said,  that  the  boats,  far  from  taking  a  fish  in 
any  waters  claimed  as  British  waters,  took  them  all  at  the  distance 
of  many  leagues  from  the  coast,  while  the  other  alleged  facts  would 
seem  to  forbid  the  imputation  of  their  having  entered  a  British  har- 
bor from  any  other  than  a  lawful  and  necessary  motive. 

Should  the  facts  as  represented  prove  to  be  well  founded,  the  Pre^ 
sident  feels  persuaded  that  your  government  will  not  fail  to  take  such 
measures,  as  well  towards  redressing  the  evil  complained  of,  in  the 
present  instance,  as  towards  preventing  the  recurrence  of  one  of  the 
like  nature,  as  are  due  to  justice,  and  the  harmony  and  good  under- 
derstanding  which  so  happily  subsist  between  the  two  nations. 
I  pray  you,  sir,  to  accept,  &c. 

RICHARD  RUSH. 


Mr.  Bagot  to  Mr,  Rush, 

WxaurnGToy,  Bth,Sugust,  1B17» 

Sir:  I  had  yesterday  the  honor  to  receive  your  letter  of  the  4th 
instant,  acquainting  me  with  the  representations  which  had  been  1 
made  to  the  Department  of  State,  in  relation  to  the  seizure,  by  his 
Majesty's  ship  Dee,  of  certain  American  fishing  vessels^  found  in 
the  harbors  of  Port  Negro  and  Ragged  Island,  upon  the  coast  of 
!Nova  Scotia;  and  transmitting  to  me  the  extractof  a  letter  upon  the 
subject,  from  the  Collector  of  the  Customs  at  Boston. 

Should  the  circumstances  of  this  seizure,  as  they  have  been  re- 
presented to  the  American  government,  prove  to  be  correct*  I  can 
have  no  hesitation  in  giving  you  every  assurance  that  his  Majesty's 
government  will,  willingly,  take  measures  for  the  prompt  redress  of 
the  injuries  to  which  it  may  have  led,  and  for  the  prevention  of  their 
recurrence:  but  the  representations  which  I  have  received  upon  tlic 
subject  from  the  commander  in  cliief  of  his  Majesty's  squadron  on  1 
the  Halifax  station,  differ  so  essentially  in  point  of  fact  from  those 
which  have  been  made  to  the  American  government,  that  I  have  every 
reason  to  hope,  that,  upon  a  proper  investigation  of  the  transaction, 
it  will  not  be  found  to  involve  any  just  cause  of  complaint. 

I  have  the  honor  to  transmit  to  you,  enclosed,  the  copy  of  a  letter 
from  the  [Captain  of  his  Majesty's  ship  Dee  to  the  Commander  of 

'  The  letter  referred  to,  is  mislaid. 


[71] 


57 


heir  homes 
I  the  proper 

I  have  the 
tment,  from 
e  seen  that 
B  two  coun- 
ently  hoped 
It  is,  on  the 
ing  a  fish  in 
the  distance 
1  facts  would 
British  har- 

ed,  the  Pre- 
1  to  take  such 
ed  of,  in  the 
Df  one  of  the 
good  under- 
itions. 

D  RUSH. 


grust,  1817. 

:er  of  the  4th 
lich  had  been 
jeizure,  by  his 
[els,  found  in 
the  coast  of 
itter  upon  the 

have  been  re- ; 
lorrecti  I  can 
|his  Majesty's 
npt  redress  of  j 
pntion  of  their 
ived  upon  the' 
squadron  onj 
■:t  from  those! 
ft  I  have  every 
le  transaction^ 
lint. 

Uy  of  a  letter 
foinmander  of 


his  Majesty^s  squadron  on  the  coast  of  Nova  Scotia,  reporting  the 
grounds  upon  which  he  had  deemed  it  to  be  his  duty  to  detain  these 
vessels,  together  with  a  copy  of  the  orders  under  which  he  has  acted. 

By  these  papers,  you  will  perceive  that  the  vessels  in  question 
were  in  the  habit  of  occupying,  and  were,  at  the  time  of  their  seizure, 
actually  occupying,  for  the  purposes  of  their  fishery,  the  settled  har- 
bors of  his  Majesty's  dominions,  in  violation  of  the  orders  at  all 
times  enforced  against  all  foreign  vessels  detected  in  making  similar 
encroachments,  and  of  which  it  is  not  to  be  supposed  tliat  the  mas- 
ters of  these  vessscis  could  have  been  ignorant. 

The  proceedings  which  have  been  instituted  upon  the  captured  ves- 
sels, will,  necessarily,  lead  to  a  complete  investigation  of  all  the  cir- 
cumstances under  which  they  were  detained;  and  there  can  be  no 
doubt  that  the  merits  of  the  whole  case,  whicli  appear  to  rest  alto- 
gether upon  questions  of  fact,  will  be  then  fully  ascertained. 

I  have  the  honor  to  be,  with  the  highest  consideration,  sir,  your 
most  obedient  humble  servant,  CHARLES  BAGOT. 


By  Sir  David  Milne,  K.  C.  B.  and  K.  W.  ./V.  Hear  Admiral  of  the  BlnCf 
and  commander  in  chief  of  his  Jlajestifs  ships  and  vessels  emploijedt 
and  to  be  employed,  in  JSorth  America,  and  on  the  lakes  of  Canada, 
^c.  Sfc.  Sfc. 

You  are  hereby  required  and  directed  to  proceed,  in  his  Majesty's 
ship  under  your  command,  to  Halifax,  and,  having  received  on  board 
a  pilot  at  that  port,  you  will  repair  and  cruise  between  Sambro  light- 
house and  Cape  Sable,  using  every  mean  in  your  power  for  the  pro- 
tection of  the  revenue,  as  also  the  fisheries  on  the  coast,  against  the 
encroachment  of  foreigners. 

On  your  meeting  with  any  foreign  vessel,  fishing,  or  at  anchor,  in 
any  of  the  harbors  or  creeks  in  his  Majesty's  North  American  pro- 
vinces, or  within  our  maritime  jurisdiction,  you  will  seize  and  send 
such  vessel,  so  trespassing,  to  Halifax,  for  adjudication,  unless  it 
should  clearly  appear  that  they  have  been  obliged  to  put  in  there  in 
consequence  of  distress;  acquainting  me  with  the  cause  of  such  seizure, 
and  every  other  particular,  to  enable  me  to  give  all  information  to 
the  lords  commissioners  of  tiie  admiralty. 

You  are  to  come  within  sight  of  signals  from  Sambro  light-house 
every  fourteen  days,  if  the  wind  and  weather  will  permit,  and  wait 
eight  hours  at  that  distance.  You  will  continue  on  this  service  for 
six  weeks  from  your  sailing  from  Halifax,  at  the  expiration  of  which 
time  you  will  return  to  that  port  for  further  orders. 

Given  on  board  his  Majesty's  ship  Lcander,  Bermuda,  the  12th 
day  of  May,  1817.  J3AVID  MIOE, 

Hear  Mmiral, 

To  Capt.  Samuei,  Ciiamrersi 

His  Majesty's  ship  Dee. 

By  command  of  the  Rear  Admiral. 

8  .T.  P,  Lamky. 


58 


[71  ] 


\i 


.  'J !! 


Captain  Samuel  Chamherst  of  his  Britannic  Majesty*s  ship  Dee,  to  Reaf 
^miral  Sir  David  Milne*  ^c.  <§cc.  dated 

His  Majesty's  ship  Dee» 

Off  ShelbumetBth  June,  ISIT. 

Sin:  In  compliance  with  your  order  of  the  12th  ultimo,  I  sailed 
from  Halifax  on  the  30th  ult.  but  did  not  meet  or  receive  any  intelli< 
gence  of  foreign  fishing  vpssels  being  within  our  jurisdiction,  until 
the  3d  instant;  when,  being  off  the  Isle  Maten,  I  was  informed  that 
the  whole  of  the  Banks  to  the  westward,  (off  Cape  Sable  and  Shel- 
burne,)  were  fished  by  American  schooners;  and  that  they  continually 
resorted  to  the  creeks  on  this  coast  in  order  to  catch  their  bait,  clean 
their  fish,  wood,  water^  &c.;  tliis,  of  course,  highly  detrimental  to 
the  interest  of  the  industrious  fishermen  on  this  coast.  1  was  also  in- 
foi  med,  the  intricate  harbors  of  Cape  Negro  and  the  Ragged  Islands 
were  their  resort  most  evenings,  several  going  in;  but  more  particu- 
larly on  Saturdays,  when  they  remain  till  Monday  to  procure  bait  for 
the  ensuing  week.  At  the  former  place  they  had  not  been  well  re- 
ceived; at  the  latter,  I  suspect,  much  encouragement  had  been  given 
them  by  an  individual.  I  intended  having  our  boats  into  Ragged 
Island  harbor  before  day-light  on  the  4th,  but  light  winds  prevented 
our  getting  that  length.  F,  therefore,  in  the  course  of  the  day,  put 
into  Shelburne;  and,  in  the  evening,  despatched  the  boats,  under  the 
charge  of  Lieutenant  Hooper,  into  Ragged  Island,  with  the  order  I 
enclusc,  the  weather  preventing  any  boats  returning  until  the  7th, 
when  I  received  information  that  nine  American  fishing  vessels  had 
been  found  at  Ragged  Island  Harbor,  laying  with  their  nets  set. 
Lieutenant  Hooper  remained  at  this  place,  and  despatched  Lieutenant 
Lechenere,  with  a  gig  and  cutter,  to  Cape  Negro,  with  the  enclosed 
order.  He  found  two  American  fishing  vessels  in  the  harbor,  and 
seven  others  came  in  the  course  of  Saturday.  The  whole  joined  me 
this  day,  with  two  others  that  came  into  Ragged  Islands.  I  have, 
therefore,  in  obedience  to  your  directions,  sent  them  into  Halifax  for 
adjudication;  as  any  disti-ess  they  may  plead,  might,  with  more  ease, 
be  relieved  at  the  regular  harbor  of  Shelburne,  which  has  been  avoided 
for  two  intricate  harbors  in  its  immediate  neighborhood. 

I  beg  further  to  state,  that,  without  the  use  of  otir  harbors,  it  ap- 
pears impossible  for  any  foreigners  to  carry  on  successful  fishing  on 
this  coast,  which  fishing  has  much  injured  our  fishermen;  and,  I  have 
every  reason  to  believe,  that  considerable  smuggling  of  tobacco, 
shoes,  &,c.  is  carried  on  by  their  boats.  I  beg  leave  to  enclose  a  list 
of  the  detained  vessels;  and,  also,  to  inform  you,  that,  from  some  of 
the  Americans  attempting  to  tamper  with  some  of  our  boats'  crews, 
and  the  riotous  conduct  of  others,  I  have  been  obliged  to  take  pie- 
cautionary  measures  to  prevent  any  of  the  vessels  being  runaway 
with. 

I  have  the  honor  to  be,  &.C. 

SAMUEL  CHAMBERS,  Captain. 
Rear  Admiral  Sir  David  Milne.  K.  C.  B. 
Commander  in  Chief,  iSrc  ^c 


[71] 


59 


Mxlract  of  a  letter  from  Mr.  Mamst  Secretary  of  State,  to  Mr.  Rush, 
Envoy,  ^'c,  at  London,  dated  Department  of  State,  J^bvember  6, 
1817.  •  , 

A  full  power  to  conclude  a  commercial  treaty  is  furnished  you, 
together  with  your  Coramission  and  Credential  Letters;  and  in  your 
earliest  communications  with  the  British  Secretary  of  State  for  Fo- 
reign Affairs*  you  will  give  him  notice  that  you  have  such  a  power. 
Should  he  then,  or  at  any  subsequent  time,  while  the  United  States 
are  at  peace,  manifest,  on  the  part  of  his  government,  a  disposition 
to  enter  upon  the  negotiation,  and  be  provided  with  similar  powers, 
you  will  recur  to  the  instructions  given  to  the  American  Plenipo- 
tentiaries for  the  negotiation  of  the  peace.  In  them,  all  the  views  of 
this  Governnr.iiht,  in  relation  to  the  proper  regulation  of  maritime 
neutrality,  are  developed  at  large;  and  the  President,  still  convin- 
ced that  the  principles  there  recommended,  are  the  best  adapted  to 
promote  the  great  and  permanent  welfare  of  all  mankind,  and  the 
preservation  of  peace  upon  earth,  is  yet  willing  that  the  United  States 
should  be  bound  by  them,  when  their  occasional  and  temporary  ope- 
ration may  be  to  their  disadvantage:  provided  they  can  secure  the  be- 
nefit of  them,  when  they  shall  hereafter  be  under  circumstances  to 
operate  in  their  favor. 

With  regard  to  the  strictly  commercial  part  of  the  treaty,  the  prin- 
ciples for  regulating  the  trade  between  the  two  countries  during  peace, 
you  will  recur  to  the  same  instructions  to  the  Plenipotentiaries  for  the 
peace,  to  the  Commercial  Convention  of  3d  July,  1815,  and  to  the 
instructions  given  to  your  predecessor,  in  reference  to  the  negotiation 
of  a  commercial  treaty;  particularly,  with  regard  to  the  intercourse 
between  the  United  States  and  the  British  Colonies  in  the  West  In- 
dies, and  upon  this  continent. 


Extract  of  a  letter  from  Mr.  Mams  to  Mr.  Rush,  dated  Department 

of  State,  2lst  May,  ISld. 

The  other  law  to  which  I  have  called  your  attention,  is  an  actcon- 
Ca  ''ning  navigation,  passed  on  the  18th,  and  published  in  the  National 
111  -"lligencer  of  the  21st  of  April.  It  meets  the  British  prohibitive 
Col(  lial  system,  by  direct  and  countervailing  prohibition,  to  com- 
mence from  and  after  the  30th  of  September  next.  The  vote  upon 
its  passage,  in  the  Senate,  where  it  originated,  was  all  but  unani- 
mous; and  in  the  House  of  Representatives,  the  opposition  to  it  amount- 
ed only  to  16  or  1 6  votes. 

Although  no  formal  communicsition  of  this  law  to  the  British  gov- 
ernment will  be  necessary,  it  may  naturally  be  expected  that  it  will 
be  noticed  in  your  occasional  conversations  with  Lord  Castlereagh. 
He  will,  doubtless,  remember,  and  may  be  reminded  of  the  repeated 
efforts  made  by  this  government  to  render  it  unnecessary,  by  an  ami- 
cable arrangement,  which  should  place  on  an  equitable  footing  of  re* 


60 


[  71] 


■y  :■  'i 


\l-  '    || 


* 


ciprocity,  the  intercourse  between  the  United  States  and  the  British 
Golunies;  he  will  remember  the  repeated  warnings  given,  that,  to 
this  result  it  must  come,  unless  some  relaxation  of  the  British  prohi- 
bitions should  take  place;  and  his  own  equally  repeated  admissions, 
that  (lie  exercise  of  the  prohibitive  right,  on  the  part  of  the  United 
States,  would  be  altogether  just,  and  would  give  no  dissatisfaction 
>vhatever  to  Great  Britain;  you  are,  nevertheless,  authorized  to  as- 
sure him,  that  the  President  a.ssentcd  to  this  measure  with  g*'eat  re- 
luctance; because,  however  just  in  itself  it  may  be,  its  tendencies 
cannot  but  be  of  an  irritating  character  to  the  interests  which  it  will 
imniediafely  aftect;  and  because  his  earnest  desire  is  to  remove  causes 
of  irritation,  and  to  multiply  those  of  a  conciliatory  nature  between 
the  two  countries.     Such  has  manifestly  been,  on  both  sides,  the  ef- 
fect of  the  equalizing  and  reciprocal  piovisions  of  the  convention  of 
July,   1815;  and  such,  he  has  no  doubt,  would  be  the  effect  of  the  ex- 
tension of  its  jii'inciples  to  the  commercial  intercourse  between  the 
United  States  and  the  British  Colonies  in  the  West  Indies  and  on 
this  continent;  and  you  ai-e  authorized  again  to  repeat  the  offer  of 
treating  for  a  fair  and  equitable  arrangement  of  this  interest.    A  fur- 
ther inducement  for  making  this  offer  may  he  stated,  in  the  expe- 
diency of  looking  forward,  without   further  delay,  to  the  expiration 
of  the  con\ention  of  1815,  which  has  now  little  more  than  one  year 
to  remain  in  force.     It  is  important  that  the  commercial  part  of  the 
community,  both  here  and  in  Great  Britain,  sliould  have  timely  no- 
tice of  the  state  in  which  the    relations   between   the  countries  are 
to  stand  after  the  termination  of  tliat  convention;  and,  as  there  are 
other  objects  of  moment  to  be  adjusted,  the  President  desires  you  to 
propose  an  immediaie  general  negotiation  of  a  commercial  treaty^  to 
embrace  the  continuance  for  a  further  term  of  —  years  of  the  con- 
vention;  and,   also,  the   otiier  subjects   in  discussion   between  the 
twogoveinmentH:  namely,  the  question  concerning  the  slaves;  that 
relating  to  the  ffslieries;    the  boundary  line  from   the  Lake   of  the 
Woods;  and  the  Columbia  river  settlement.     The  President  prefers 
taking  this  course  to  that  of  submitting  to  commissioners,  at  least 
immediately,  questions  upon   which   lie  thinks   it  probable  the  two 
g'Meinmcnts  may  tluis,  by   a  shorter  process,  come  to  a  mutual  un- 
derstanding between  themselves. 

If,  upon  making  this  p:  oposal,  the  British  government  agree  to 
this  neii,otiation,  the  Piesidcnt  proposes,  that  Mr.  Gallatin  and  you 
should  be  authorized,  joinlly,  as  lMenii)otentiaries,  to  conclude  the 
treaty,  which  it  is  very  dtsiiable  may  he  concluded  in  season  to  ar- 
rive here  by  the  coinnuMicenieiit  of  next  Session  «)f  Congress,  which 
is  to  he  an  the  third  Mot  day  in  November.  Instructions  will  be 
transniiUed  ininiediately  t(i  Mr.  Gallatin,  to  hold  himself  in  readi- 
ness to  repair  to  London,  upon  receiving  notice  from  yon,  should 
Plenipotentiaries  be  appoiiittd  to  trt'at  with  you;  and,  besides  the  in- 
structions vvliich  formed  the  hasis  of  the  existing  convention,  and 
others,  already  in  your  possession,  furthei"  documents  will  he  for- 
warded to  you  as  soon  as  j)()ssible,  which  may  assist  you  in  the  ma- 
nagement of  the  negotiation. 


[71] 


61 


IritisU 
lat,  to 
pruhi- 
isionsy 
United 
faction 
to  as- 
jat  re- 
lencies 
it  will 
causes 
ctwecn 
the  ef- 
ition  of 
the  cx- 
ccn  the 
and  on 
offer  of 
A  fiir- 
e  expe- 
piiation 
me  year 
I't  of  the 
icly  no- 
rics  are 
here  are 
you  to 
atyi  to 
lie  coH- 
een  the 
cs;  that 
of  the 
prefers 
at  least 
Jie  two 
Itual  un- 

ij^ree  to 
iiid  you 
lu<U>  the 
[i  to  |ir- 
wliioh 
will  he 
readi- 
shoiild 
the  in- 
)n,  and 
Ibe  for- 
thc  ma- 


We  entertain  hopes,  that  this  measure  may  result  in  a  new  treaty, 
which  will  remove  most,  if  not  all,  of  the  causes  of  dissention  be- 
tween us  and  Great  Britain.  The  satisfaction  with  which  we  have 
observed  the  avowal  of  the  most  liberal  commercial  principles,  by 
Lord  Castlereagh,  in  Parliament,  has  already  .)  noticed  in  my 
last  letter.  The  opening,  if  not  of  all,  at  least  ut'  a  great  portion 
of  the  ports  of  South  America,  to  the  commerce  of  the  world,  whichy 
under  every  possible  course  of  events,  must  be  now  considered  as 
irrevocable;  and  the  bill  which,  we  perceive,  was  before  Parliament, 
for  establishing  free  ports  in  the  British  American  colonies,  all  tend 
to  convince  us  that  Great  Britain  must  see  that  a  relaxation  from 
her  colonial  restrictions  has  become  the  unequivocal  dictate  of  her 
own  interest. 


Extracts  of  a  letter  from  Mr.  Mams,  Secretary  of  State,  to  Mr.  Qal- 
^^  latin,  dated 

Department  of  State, 

Washington,  22d  May,  1818. 

The  present  state  of  the  relations  between  the  United  States  and 
Great  Britain  has  suggested  to  the  President  the  pxpediency  of  pro- 
posing to  the  British  government  the  negotiation  of  a  treaty  of  amity 
and  commerce,  to  embrace  the  continuance,  for  eiglit  years  longer,  of 
the  Commercial  Convention  of  Sd  July,  1816,  and  to  attempt  the 
adjustment  of  other  objects  interesting  to  the  two  countries,  and  up- 
on which  the  governments  have  not  yet  been  able  to  come  to  an 
agreement.  It  is  desirable  that  this  negotiation  should  take  place 
in  the  course  of  the  ensuing  summer,  and  that  its  result  shotild  be 
transmitted  here  for  the  commencement  of  the  next  session  of  Con- 
gress, fixed  for  third  Monday  of  November;  for,  as  the  convention, 
unless  continued,  will  expire  in  July,  1819,  and  as  it  is  due  to  the  in- 
terests of  the  merchants,  on  both  sides,  affected  by  it,  tiiat  early  no- 
tice should  be  given,  whether  its  provisions  arc  to  be  continued,  or  to 
cease,  it  appears  that  no  time  is  to  be  lost  in  bringing  the  question  of 
its  renewal  or  cessation  to  an  immediate  issue.  As  the  motives  for 
taking  up  the  subject  thus  early  are  operative  alike  upon  both  par- 
ties; and  as,  in  the  event  of  the  expiration  of  the  convention  of  July, 
1815,  legislative  measures,  pnparatory  to  that  contingency,  will 
d(»ubtless  be  necessary,  as  well  in  Parliament  as  in  Congress,  it  is  ex- 
pected that  this  proposal  will  be  acceded  to  by  the  British  govern- 
ment, and  that  plenipotentiaries  on  their  part  will  be  appointed  to 
treat  witli  you,  and  Mr.  Rush,  to  whom,  jointly,  the  President  pro- 
puses  to  commit  the  trust  of  this  negotiation. 

A  copy  of  the  instructions  forwarded  to  Mr.  Rush,  relating  to  this 
subject,  is  herewith  enclosed,  and  the  President  desires  tliat  vou 
would  hold  yourseir,  accordingly,  ready  to  rejiair  to  Lomloii  imme- 
diately upon  receiving  the  notice  from  Mr.  Rush  that  the  British  go- 


62 


[  71  ] 


'!; 


vernment  Rj^ee  to  the  proposal*  and  have  appointed,  or  are  ready  to 
appiiintt  pIcnipotentiarieM  to  confer  and  conclude  with  you.  Your 
long  expe)-ience,  and  great  knowledge  of  the  subjects  to  be  treated 
on,  are  the  motives  of  tlic  President  for  associating  you  in  this  com* 
mission.  A  full  power  for  the  negotiation  is  herewith  enclosed;  and 
further  instructions  and  documents  relating  to  it  will  be  transmitted 
to  Mr.  Rush  as  soon  as  they  can  be  prepared.  Your  necessary  and 
reasonable  expenses  upon  this  special  mission,  will  be  allowed  in  like 
manner  with  those  of  a  similar  mission  upon  which  you  were  em- 
ployed last  summer,  in  the  Netherlands. 

The  President  is  willing  that  the  convention  of  Sd  July,  1815« 
slinul'i  be  continued  for  eight,  or  even  ten  years,  as  it  stands.  Its 
operation  has  indeed  been,  in  some  respects,  disadvantageous  to  the 
United  States,  and  favorable  to  Great  Britain,  owing  to  the  revival 
of  flic  interdiction  of  access  to  our  vessels  to  the  British  West  India 
ami  North  American  colonies,  while  our  intercourse  with  them  has 
been  exclusively  confined  to  British  vessels.  Yet,  that  the  injury  to 
our  navigation  and  shipping  interest  has  not  been  ver>  essential,  we 
have  many  indications. 

The  moral  effect  of  the  equalisation  of  duties,  on  both  sides,  in 
softening  national  asperities,  has  been  unequivocal,  and  is  an  ob> 
jcLt  of  much  importance,  deserving  to  bo  cherished  and  improved  by 
both  governments.  I'he  encouragement  which  the  convention  has 
given  to  our  trade  with  the  British  possessions  in  the  East  Indies,  is 
more  questionable,  as  that  trade  operates  upon  us  as  a  continual  and 
embarrassing  drain  of  specie.  But,  as  it  has  been  a  trade  of  profita- 
ble returns,  and  as  it  would  still,  to  a  great  extent,  be  carried  on  with 
the  native  states  of  India,  if  we  should  be  excluded,  or  our  intercourse 
should  be  burthened  and  restricted  with  the  British  territories,  the 
President  will  be  satisfied  to  leave  it  as  it  is,  and  subject  to  the  in* 
creasing  competition  of  the  British  private  traders  with  India,  which 
^vill  be  likely  to  affect  the  interests  of  the  British  Company  more  than 
ours. 

The  other  interests  which  the  President  hopes  may  be  adjusted  by 
this  negotiation,  are, 

1.  The  intercourse  with  the  British  colonies  in  the  West  Indies 
and  North  America.  You  are  well  acquainted  with  the  failure  of  the 
attempt  to  extend  the  convention  of  1815  to  this  intercourse,  at  the 
negotiation  of  the  convention,  and  at  a  subsequent  period,  when  four 
additional  articles  were  proposed  on  the  part  of  Great  Britain,  a  copy 
of  which  you  have.  There  was  reason  to  believe  that  Lord  Castlc- 
reagli  was  personally  well  disposed  to  a  more  liberal  expansion  of  the 
colonial  intercourse,  although  the  cabinet  was  not  entirely  prepared 
for  it.  The  manner  in  which  he  has  recently  avowed  a  liberal  com* 
mercial  principle  in  Parliament,  and  the  approbation  with  which  that 
avowal  was  received;  the  obvious,  though  not  declared,  bearing  which 
those  sentiments  had,  both  upon  the  South  American  contest,  and  up- 
on  the  relations  between  the  United  States  and  the  British  colonies; 
the  free  port  acts^  which  we  understand  have  been  introduced  into 


(  1 


[71] 


68 


ire  ready  to 
you.  Your 
>  be  treated 
in  this  com* 
nclosed;  and 
I  transmitted 
!tcessary  and 
lowed  in  like 
ou  were  em- 
July,  1815, 
stands.  Its 
igeous  to  the 

0  the  revival 

1  West  India 
ith  them  has 
the  injury  to 
essential*  we 

loth  sides,  in 
md  is  an  ob- 
im  proved  by 
nvention  has 
ast  Indies,  is 
;ontinual  and 
de  of  profita- 
ri'ied  on  witb 
r  intercourse 

ritories,  the 
Bct  to  the  in- 

India,  which 
ny  more  than 

adjusted  by 

West  Indies 

failure  of  the 

turse,  at  the 

I,  when  four 

itain,  a  copy 

lOrd  Castlc- 

ansion  of  the 

ly  prepared 

liberal  com- 

I  which  that 

aring  which 

test,  and  up* 

ish  colonies; 

oduced  into 


!   i 


Parliament,  hnd  are  ev«n  said  to  have  passed,  strongly  and  concur- 
rently  indici^te  that  a  change  is  taking  place  in  the  policy  of  thecubi- 
net,  on  this  subject;  and  we  hope  that  now  is  precisely  the  favoiabU 
time  for  taking  advantage  of  it.  Our  own  navigation  act  may  per- 
haps contribute  to  the  same  effect;  and  even  should  it  operate  other- 
wise,  and  confirm  them  lu  their  obstinate  exclusion  of  our  vessels  from 
those  ports,  as  it  will  make  their  exclusion  from  ours  to  the  same  ex- 
tent reciprocal,  it  leaves  us  the  more  free  to  agree  to  the  renewal  of 
the  convention  of  July,  1815;  if  nothing  more  can  be  obtained. 

2.  Indemnity  to  the  owners  of  the  slaves  carried  away  from  the 
United  States  by  British  officers,  after  the  ratification  of  the  peace  of 
Ghent,  and  contrary  to  a  stipulation  in  the  first  article  of  that  treaty. 

Copies  of  the  correspondence  between  the  two  governments,  on 
this  subject,  are  in  the  possession  of  Mr.  Rush.  I'hey  disagreed  in 
their  construction  of  the  stipulation  alluded  to,  and,  each  party  ad- 
hering to  its  own  view  of  it,  a  proposal  was  made,  nearly  two  years 
since,  on  our  part,  to  refer  it  to  the  arbitration  of  some  friendly 
sovereign.  This  proposal,  which  Mr.  Rush,  upon  his  arrival  in 
England,  renewed,  has  now  been  accepted  by  the  British  government; 
but  with  a  further  proposal  to  refer  it,  and  two  other  subjects,  for 
arrangement,  in  the  first  instance,  to  commissions  like  those  under 
the  4th,  5th,  6th,  and  7th  articles  of  the  treaty  of  Ghent. 

3.  4.  These  other  subjects  are,  the  boundary  line  from  the  north- 
west corner  of  the  Lake  of  the  Woods,  westward;  which  you  remem- 
ber was  ail  but  agreed  upon,  and  went  off  upon  a  collateral  incident 
at  Ghent;  and  our  title  to  the  settlement  at  the  mouth  of  Columbia 
river. 

The  expediency  of  referring  any  of  these  questions  to  two  com- 
missioners, one  belonging  to  each  of  the  two  countries,  is  very  doubt- 
ful. With  regard  to  the  slaves,  and  to  Columbia  river,  it  can  scarce- 
ly be  expected  that  the  commissior-;r  of  either  party  would  ultimate- 
ly entertain  an  opinion  different  from  that  already  pronounced  by  his 
own  government;  and,  if  concession  ujion  one  point  is  to  be  made  the 
condition  of  corresponding  concession  upon  the  other,  it  may,  with 
more  propriety,  be  clfocted  by  compromise  between  the  two  govern- 
ments, than  by  judiciary  powers  given  by  tliem  to  individuals,  under 
allegiance  to  the  two  countries  themselves.  As  to  the  line  from  tiic 
Lake  of  the  Woods,  as  some  dissatisfaction  has  already  been  excited 
here  by  the  expense  occasioned  by  the  two  commissions  already 
employed  in  settling  the  boundary,  another  commission  to  draw  a 
line  through  the  deptli  of  the  deserts,  and  to  an  indeliiiilc  extenv, 
would  be  still  more  liable  to  censure;  besides,  the  apprehension  which 
it  might  raise,  that  the  issue  of  the  commission  would  be  to  bring  the 
Bj'itish  territory  again  in  contact  with  the  Mississijjpi. 

5.  The  fisheries. 

The  correspondence  between  the  two  governments,  on  this  Jsul>r 
ject,  leaves  it  still  in  tlie  unsettled  state  in  which  it  was  leii  at  the 
peace.  Two  proposals  have  been  made,  on  the  p^rt  of  the  British 
{government,  neither  of  which  proving  acceptable,  a  'oiintor  proposal 


64 


[71  ] 


from  us  has  been  promised,  and  will  be  contained  in  the  further  detail- 
ed instructioHN  which  will  be  prepared  and  forwarded  to  Mr.  Rnsh, 
to  assist  you  in  the  conduct  of  the  negotiation. 


JAMES  MONROE, 

PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA: 

To  all  whom  these  Presents  shall  concern.  Greeting: 

Know  ye,  That,  for  the  purpose  of  perpetuating,  between  the  United 
States  and  his  Britannic  Majesty,  the  harmony  and  good  correspondence 
happily  subsisting  between  them,  and  of  removing  all  grounds  of  dissatis- 
faction, and  reposing  special  trust  and  confidence  in  the  integrity,  pru- 
dence, and  abilities,  of  Albert  Gallatin,  our  Envoy  Extraordinary  and  Mi- 
nister Plenipotentiary  at  the  court  of  France,  and  of  Richard  Rush,  our 
Envoy  Extraordinary  and  Minister  Plenipotentiary  at  the  court  of  the  Unit- 
ed Kingdom  of  Great  Britain  and  Ireland,  I  have  invested  theni  with  full 
and  all  manner  of  power  and  authority,  for  and  in  the  name  of  the  United 
States  to  meet  and  confer  with  any  person  or  persons  authorized  by  his 
Royal  Highness  the  Prince  Regent,  acting  in  tne  name  and  behalf  of  his 
Majesty  the  King  of  the  United  Kingdom  of  Great  Britain  and  Ireland, 
being  furnisiked  with  like  power  and  authority,  and  with  him  or  them  to 
agree,  treat,  consult,  and  negotiate,  of  and  concerning  the  renewal  of  the 
Convention  concluded  at  London,  on  the  3d  of  July,  1815,  nd  concern- 
ing the  general  commerce  between  the  United  States  and  Great  Britain 
and  its  dominions  or  dependencies,  and  such  other  matters  and  subjects, 
intaresting  to  the  two  nations,  as  may  be  given  to  them  in  charge;  and  to 
conclude  and  sign  a  treaty  or  treaties,  convention  or  conventions,  touching 
the  premises;  transmitting  the  same  to  the  President  of  the  United  States 
for  his  final  ratification,  by  and  with  the  advice  and  consent  of  the  Senate 
of  the  United  States. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to 
be  hereunto  afhxed.   Given  under  my  hand,  at  the  City  of  Wash- 
[l.  s.]     ington,  the  twenty-second  day  of  May,  A.  D.   1818,  and  of  the 
Independence  of  the  United  States  of  America  the  forty-second. 


JAMES  MONROE. 


By  the  President: 
John  Quincy  Adams,  Secretary  of  State. 


Extract  of  a  letter  from  Mr.  Mams  to  Mr,  liush,  dated 

Department  of  State,  30//i  May,  1818. 

It  is  not  our  desire  to  embarrass  the  proposed  commercial  negotiation 
with  any  of  the  questions  of  maritime  regulations  adapted  to  a  state  of 
warfare.  We  do  not  wish  that  blockade,  contraband  trade  with  enemies 
or  their  colonies,  or  even  impressment,  should  be  drawn  into  the  discus- 
sion, unless  such  a  wish  should  be  manifested  on  the  British  side. 

Mr.  Bagot  has  been  informed  that  this  negotiation  will  be  proposed,  and 
that,  in  the  event  of  its  being  agreed  to,  another  plenipotentiary  will  be. 


1 

r 


M 


Joil| 
on 

detl 

evel 

coul 

in 

lliaj 

rcaJ 

Loij 

'oni 

or 

I'orcj 

ficat 


[71] 


65 


:hor  detail- 
Mr.  Rusby 


the  United 

espomlence 

of  dissatis- 

I'grity,  pru- 

ur^  and  Mi- 

I  Rush,  our 

oftheUnit- 

!m  with  full 

the  United 

ized  by  his 

lehalf  of  his 

nd  Ireland, 

or  them  to 

lewal  of  the 

lid  concern- 

-eat  Britain 

id  subjects, 

rge;  and  to 

IS,  touching 

lited  States 

the  Senate 

d  States  to 
of  Wash- 
and  of  the 
ty-second. 

►NROE. 


/,1818. 

legotiation 
state  of 
enemies 

lie  discus - 

)sed,  and 
rv  will  be 


joined  with  you,  to  confer  and  conclude  witli  those  who  may  be  appointed 
on  the  part  of  Great  Britain.  He  is  not  aware  that  there  will  be  any  ob- 
jection to  it;  but,  if  there  should  be  any,  and  the  British  government  should 
determine  to  keep  the  renewal  of  Ihc  comnicrcial  convention  distinct  from 
t'.very  other  subject  to  be  arranged  between  the  two  countries,  you  will,  of 
course,  not  give  the  notice  to  Mr.  Gallatin,  to  repair  to  London,  mentioned 
in  my  last  despatch.  If  the  British  cabinet  agree  to  negotiate,  it  is  hoped 
(liat  the  special  instructions,  to  be  prepared  and  forwarded  to  you,  will 
reach  you  as  soon  as  Mr.  Gallatin  will  find  it  convenient  to  meet  you  in 
London.  If  the  British  cabinet  prefer,  by  a  single  article,  to  renew  the 
convention  of  July,  1815,  for  a  term  of  eight,  ten,  or  even  twelve  years, 
or  any  shorter  period,  your  full  p<)wer,  heretofore  given,  will  be  still  in 
force,  and  will  enable  you  to  conclude  such  an  article,  subject  to  the  rati- 
fication here,  by  and  with  the  advice  and  consent  of  the  Senate. 


Exlract  of  a  letter  from  Mr.  Rtish  to  Mr,  Jldams. 

London,  June  26,  1818. 

^  In  my  interview  with  Lord  Castlereagh,  on  the  eleventh  of  this 
month,  other  subjects  were  treated  than  those  I  have  already  communi- 
cated, of  which  it  is  proper  that  I  should  now  give aparticular  account. 

In  the  foremost  rank,  stands  impressment.  A  sufiicient  interval  having 
elapsed,  I  asked  his  Lordship  if  any  answer  was  made  up  on  the  proposal 
I  had  submitted  on  the  eighteenth  of  April .  He  replied  that  he  had  brought 
it  before  the  cabinet,  where  it  had  been  considered  with  all  the  care  which 
it  merited.  He  proceeded  to  touch  upon  some  of  the  principles  and  argu- 
ments to  which  the  subject  always  leads.  He  adverted  first,  as  connected 
with  naturalization,  to  the  opposite  opinion  which  the  two  governments 
held  upon  the  doctrine  of  allegiance.  I  said  that  I  was  aware  of  no  opin- 
ions entertained  by  the  government  of  the  United  States  upon  that  point, 
except  such  as  were  sanctioned  by  the  ancient  and  predominant  authorities 
of  law,  as  well  as  the  general  usage  of  Europe.  He  next  observed  that  we 
gave  to  our  ships  a  character  of  sovereignty  which  Great  Britain  did  not ; 
that  we  considered  them  part  of  our  territory,  clothing  them  with  corres- 
ponding immunities.  I  said  it  was  true,  that  we  did  consider  our  ships 
quite  as  inviolable  as  the  soil,  in  the  protection  which  they  should  afibrd  to 
our  seamen,  whether  native  or  naturalized  ;  but  that  never  had  we,  as  a 
neutral,  claimed  to  shield  them  from  entry,  under  any  of  the  just  bsllige- 
rant  rights  of  search;  that  is,  whether  to  look  for  persons  in  the  land  or 
naval  service  of  a  co-belligerant,  articles  contraband  of  war,  or  enemy's 
property.  That  these  constituted  the  utmost  limit  to  which  the  bellige- 
rant  claim  had  ever  been  pushed.  What  we  complained  of,  was,  that  Great 
Britain,  passing  them  all,  should  enter  a  new  held,  and  set  up  a  ri^ht  to 
enforce  in  our  vessels,  while  navigating  the  high  seas,  her  own  municipal 
laws.  His  Lordship  did  not  view  it  in  this  ligiit,  but  spoke  of  the  claim 
as  one  being  established,  and  incontestible  on  the  part  of  Great  Britain. 
He  said  it  became  his  duty  to  add,  that,  on  a  full  consideration  of  the  pro- 
posal, it  had  not  been  found  practicable  to  forego,  under  any  conventional 
agreement,  the  execution  of  which  was  to  depend  upon  the  legislative  or- 

9 


M 


[  71  ] 


i..: 


.\-f 


dinanccs  of  anotlier  louiiiiv,  tliis  rij^ht  of  looking  for  her  subjects  upon  the 
ocean  wherever  she  might  be  likely  to  find  them. 

From  the  broad  ground  of  this  decision,  it  became  evident  that  there 
could  no  longer  be  any  possible  advantage  iu  adhering  to  the  course  mark- 
ed down  in  my  despatcli  of  the  twentieth  of  April.  This,  it  will  be  re- 
collected, was  not  to  disclose,  in  the  first  instance,  all  my  powers.  I 
therefore  risked  nothing  in  asking  his  Lordship  what  difference  it  would 
make,  if  the  United  States  would  agree  to  exclude  from  service,  on  board 
both  of  their  ships  of  war  and  merchant  vessels,  all  native  born  British 
subjects. 

He  replied,  that  this,  indeed,  would  be  going  a  step  further;  but  that  it 
would  stdl  leave  the  proposal  within  the  pnnciple  of  tneir  objection.  That 
the  objection,  in  short,  wont  to  the  full  length  of  an  unwillingness  to  con- 
cede, by  treaty,  the  right  of  entering  the  vessels  of  a  foreign  power,  to  look 
for  their  subjects,  whatever  its  terms. 

I  now  remarked  that  I  heard  this  determination  with  regret;  as  I  was 
ready  to  accede  to  a  stipulation,  on  the  part  of  my  government,  bottomed 
on  the  unqualified  exclusion  of  all  natives  from  both  branches  of  our  ser- 
vice, and  I  feared  also,  that  this  would  exhaust  all  the  offers  which  it  had 
to  submit.  I  begged  that  he  would,  in  fact,  consider  such  an  offer  as  dis- 
tinctly made,  and  under  full  authority.    He  promised  to  do  so. 

Every  proposal  which  it  fell  within  the  compass  of  the  United  States  to 
put  forward,  being  gone  through,  I  asked,  in  turn,  if  it  had  occurred  to  his 
liordship  to  hold  out  any  overtures  on  the  part  of  the  British  government. 
I  reiterated,  in  forcible  terms,  the  assurance  that  there  prevailed,  throughout 
the  United  States,  one  universal  wish,  with  government  and  people,  to  see 
removed  the  sources  of  a  dispute  which  concerned  so  seriously  both  na- 
tions. But  I  found  that  he  was  prepared  with  none  which  did  not  assume 
the  right  of  previously  entering  our  ships.  For  the  judicious  and  safe  ex- 
ercise of  this  right.  Great  Britain,  he  said,  was  willing  to  enter  into  the 
most  effective  regulations,  such  as  restricting  the  boarding  officers  to  those 
of  a  rank  not  below  lieutenants,  giving  responsible  receipts  for  the  men 
taken  out,  or  any  other  safeguards  which  the  American  government  might 
propose,  as  better  adapted  to  the  end.  That  she  would  always  be  ready 
to  receive,  and  in  the  most  friendly  manner  discuss,  proposals  of  this  de- 
scription, under  the  hope  of  some  practicable  arrangement  growing  out  of 
them. 

I  did  not  hesitate  to  say,  that  the  United  States  would  never  admit,  by 
convention,  a  right  to  enter  their  vessels  for  such  a  purpose  as  impress- 
ment. It  would  be  to  surrender  principles  which  they  held  too  sacred, 
besides  that  its  exercise,  however  attempted  to  be  softened,  must  neces- 
sarily be  liable,  from  circumstances  intrinsic  and  insurmountable  between 
the  two  nations,  to  perpetual  and  the  most  fatal  abuse.  His  Lordship,  while 
repeating  the  inability  of  Great  Britain  to  abandon  by  compact  her  ancient 
right,  again  frankly  admitted  the  evils  of  which  it  had  been  the  parent,  and 
which  he  hoped  never  to  see  revived.  He  added  that  it  would  be  her  anx- 
ious desire  in  future,  hoping  that  the  day  of  necessity  for  its  actual  exer- 
cise was  far  distant,  to  free  it  as  much  as  possible  from  abuse,  and  that,  in 
particular,  it  would  be  much  the  more  sparingly  brought  into  activity,  if 
the  American  government,  by  adopting,  of  its  own  accord,  such  legislative 
ordinances  as  I  had  proposctl,  would  thus  inspire  a  confidence,  that,  at  all 
•events,  but  few  of  lier  subjects  would  find  their  way  into  American  ships. 

It  will  be  supposed  that  I  alluded  to  the  unequal  ground  upon  which 


[713 


67 


ts  upon  the 

til  at  there 
urse  mark- 
will  be  re- 
powers.  1 
ce  it  would 
;,  on  board 
orn  British 

but  that  it 
tion.  That 
ies3  to  con- 
ifer, to  look 

;t;  as  I  was 
t,  bottomed 
of  our  ser- 
i^hich  it  had 
otter  as  dis- 
I. 

id  States  to 
urred  to  his 
[overnment. 
,  throughout 
lople,  to  see 
ly  both  na- 
not  assume 
ind  safe  ex- 
ter  into  the 
ers  to  those 
for  the  men 
ment  might 
ys  be  ready 
of  this  de- 
iwing  out  of 

if  admit,  by 
as  impress - 
too  sacred, 
[nust  neces- 
>le  between 

ship,  while 

ler  ancient 
parent,  and 
be  her  anx- 
actualexer- 
and  that,  in 

activity,  if 
I  legislative 

that,  at  all 
rican  ships, 
upon  which 


i 


§iuch  a  course  would  place  the  United  States.  If  they  consented  to  pass 
laws  of  this  nature,  it  might  reasonably  be  elcpected  that  they  must  see 
their  way  to  an  ecjuivalent  in  some  stipulation,  on  the  part  of  Great  Bri- 
tain, of  ascertained  and  positive  value,  and  that  no  other  would  be  stamp- 
ed with  that  character  but  an  agreement  not  to  enter  their  ships. 

Although  I  explicitly  made  the  proposal  of  a  willinmess  not  to  employ 
in  our  service  even  her  native  subjects,  I  did  not  think  it  right  that  it 
should  rest  upon  the  footing  of  a  verbal  offer.  The  less  did  I  think  this 
would  be  prudent,  from  observing  an  inclination  in  his  lordship's  mind, 
towards  trie  close  of  our  conversation,  to  consider  what  had  passed  as 
wearing  an  informal,  rather  than  any  other  character,  inasmuch  as  it  had 
been  productive  of  no  results.  I  removed  this  impression,  by  new  and  un- 
equivocal declarations  that  it  was  to  be  regarded  differently.  In  con- 
formity with  them,  I  put  into  his  hands,  on  the  20th  of  this' month,  the 
paper  marked  No.  2,  which  accompanies  this  despatch.  In  delivering  it, 
J  desired  that  he  would  consider  it  as  altogether  and  strictly  official.  It 
was  true,  I  said,  the  proposal  which  it  embrac»"d  had  already  been  reject- 
ed; but  I  knew  so  well  the  anxiety  of  t^e  President  upon  this  great  point, 
as  to  feel  sure  tliat  I  should  be  more  truly  the  or^an  of  his  will  by  putting 
it  in  a  shape  in  which  it  might  go  among  the  archives  of  this  government, 
and  would  add,  in  the  further  hope,  that,  possibly,  other  views  might,  in 
other  times,  be  taken  of  it.  On  receiving  tlie  paper  with  this  remark,  his 
lordship  said  he  would  lay  it  before  the  cabinet  on  his  return  from  Ireland, 
whither  he  was  soon  to  go,  and  that,  perhaps,  it  might  be  thought  advis- 
able to  put  in  writing  the  objections  and  counter  opinions  of  Great  Britain. 

In  this  abortive  manner  has  the  attempt  ended.  I  have  endeavored  to 
recount,  with  all  possible  accuracy,  what  has  transpired,  and  trust,  that, 
in  no  material  point,  have  I  misunderstood  the  communications  of  this  go- 
vernment. It  places  upon  record  another,  and  an  earnest  effbrt,  to  settle 
this  great  and  formidable  controversy.  The  failure  is  the  more  to  be  de- 
plored, as  the  attempt  has  been  made  during  a  season  of  profound  peace, 
and  when  the  two  governments  seem  well  disposed  towards  each  other. 
The  United  States  have  again  done  all  that  they  could  towards  allaying  it. 
They  declare  that  they  want  not  British  seamen  in  their  vessels.  They 
engage  to  exclude  them  by  all  the  means  that  human  laws  can  devise.  In 
a  spirit  of  extreme  conciliation,  they  go  farther  in  their  offers  than  the  ob- 
ligations of  co-equal  sovereignty,  or  the  policy  and  habits  of  their  internal 
system,  might,  in  the  judgment  of  all,  be  tl)oui!;ht  to  dictate.  Whilst  they 
concede  so  much,  Britain  will  yichl  notliin<;.  She  remains  rigid  and  inex- 
orable. She  will  not  meet  half  way.  She  will  not  turn  a  step  from  her 
course.  To  an  alleged  right,  but  which  has  often  been  demonstrated  to  be 
utterly  without  support,  in  any  one  princi|)le  that  the  society  of  nations 
has  ever  recognised — unless  the  dicta  of  English  common  lawyers  make  up 
the  great  and  universal  code  of  public  law — does  she  continue  to  cling,  in 
the  mere  ambitious  and  wilful  reliance  upon  an  unchecked  career  in  her 
naval  supremacy.  It  is  upon  such  foundations  that  she  virtually  threatens 
the  indefinite  continuance  of  a  practice  more  afflicting  to  humanity,  as  far 
as  the  scale  extends,  than  was  ever  the  African  slave  trade,  and  in  the 
highest  degree  insulting  to  the  rights  and  dignity  of  an  independent  and 
powerful  nation. 

The  subject  of  impressment  being,  I  fear,  finally  disposed  of,  as  one  of 
negotiation  between  the  two  governments,  Lord  Castlereagh  next  remind- 
ed me,  tliat  it  was  now  but  little  more  t^ian  a  iw^ho-month  from.,the  time 


68 


C  71  ] 


fl 


fixed  for  the  expiration  ot  the  commercial  convention  of  1815.  He  asked 
if  I  knew  the  views  of  my  government,  in  regard  to  its  renewal.  I  replieil 
that  at  present  I  did  not,  with  precision.  He  requested  that  I  would  con- 
sider his  question  as  intended  to  draw  my  attention  specially  to  the  sub- 
ject, and  expressed  some  anxiety  to  have  information  at  as  early  a  day  af; 
convenient. 

I  anticipate  the  probability  of  the  expression  of  some  sentiments  to  me, 
from  the  Department,  in  the  course  of  the  present  summer,  in  relation  to 
this  convention.  How  far  our  act,  bearing  upon  their  colonies,  is  to  ope- 
rate on  the  question  of  renewal,  or  if  objectionable  in  its  existing  provi- 
sions, in  what  respects  modifications  are  to  be  insisted  upon,  are  points  on 
which  I  am  not  instructed.  I  am  aware  that  it  is  already  made  my  duty  to 
obtain  and  transmit  information  upon  which,  perhaps,  a  final  opinion  on 
the  merits  of  the  convention  was  expected,  in  part,  to  rest.  Of  this  duty, 
I  have  not  been  unmindful.  But  it  is  proper  1  should  state,  that  my  ef- 
forts, for  reasons  that  will  be  explained  in  a  future  despatch,  do  not  pro- 
mise as  much  success  as  I  had  hoped.  Besides  inquiries  among  individual 
merchants,  wherever  it  has  come  within  my  power  to  make  them,  1  ad- 
dressed, in  March,  a  letter  to  each  one  of  our  Consuls  within  the  European 
dominions  of  this  country.  Answens  are,  from  time  to  time,  dropping  in; 
but  neither  from  them,  and  still  less  from  my  personal  inquiries,  is  it  likely 
that  I  shall  derive  information,  either  so  full  or  so  accurate,  on  tlie  effects  ot 
the  cessation  of  all  discriminating  duties,  as  to  be  of  any  decisive  or  even 
great  account,  in  making  up  a  judj^ment.  In  the  next  place,  although  1 
will  take  care  that  what  I  do  obtain  is  transmitted  in  time  for  the  session  ot 
Congress,  in  November,  the  period  which  my  instructions  seem  to  contein  - 
plate,  it  would  be  desirable,  I  am  sure,  to  this  government,  to  be  furnislu'd 
sooner,  if  possible,  with  an  intimation  of  the  intentions  of  ours,  in  relation 
to  this  compact. 

If  it  is  to  be  suffered  to  run  out  without  renewal.  Great  Britain  having 
positively  declined  forming  a  treaty  with  us  which  shall  include  her  colo- 
nies, upon  what  footing  are  the  commercial  relationsof  thetwo  countries  to 
stand?  Will  eacii  be  left  to  its  own  regulations,  as  sometimes  heietofore, 
or  is  any  substitute  to  be  proposed.^  'Fhese  arc  points  on  which  I  should 
feel  happy  to  receive  information,  whenever  it  may  be  thought  fit  to  im 
part  it." 


■I  I 


Extract  of  a  htter  from  Mr.  Rush  to  the  Secretary  of  State,  stating  a 
conversation  between  himself  and  Lord  Castlereagh,  dated 

LoNDox,  July  Q,5th,  1818. 

"  I  entered  next  upon  the  subject  of  the  commercial  relations  between 
the  two  countries,  lleinarking  upon  the  change  produced  in  them  by  the 
prohibitory  act  of  tiie  last  session  of  Congress,  now  soon  to  commence  its 
operation,  I  observed  that  I  had  it  in  charge  to  say,  that  the  President  had 
yeilded  his  assent  to  that  act  with  reluctance;  for  that,  however  just,  its 
tendencies  might  be  of  an  irritating  nature  to  the  individual  interests  that 
it  would  affect  on  both  sides,  whilst  it  was  his  constant  desire  to  give  effica- 
cy to  measures,  mutually  more  beneficial  and  conciliatory.  It  was,  there- 
fore, that  I  was  once  more  authorized  and  instructed  to  i)fopose  to  this 


jrei 


[71] 


«« 


[e  asked 
[  replietl 
uld  con- 
the  sub- 
a  day  as 

.3  to  me, 
lation  to 
1  to  ope- 
g  provi- 
)oint3  on 
f  duty  to 
linion  od 
Ills  duty, 
it  my  et- 
not  pro- 
idividual 
m,  1  ad- 
European 
>ppingin; 
sit  likely 
effects  ot 
!  or  even 
Ithougli  J 
session  ol 
►  contiMu- 
luvnished 
\  relation 

having 

ler  colo- 

mtries  to 

etofore, 

should 

to  im 


'ating  a 


1818. 

jetween 
by  the 
;nce  its 
lent  had 
just,  its 
bts  that 
efFica- 
[,  there- 
to this 


} 


government  the  negotiation  of  a  general  treaty  of  commerce.  That  tlie 
President  had,  besides,  agreed  that  there  should  be  comprehended  in  the 
negotiation  other  matters  heretofore  desired  to  be  treated  of,  by  this  go- 
vernment, as  well  as  points  in  which  the  government  of  the  United  States 
took  a  particular  interest;  being  in  the  whole,  1.  The  question  respect- 
ing the  slaves  carried  off"  from  the  Unit  id  States,  in  contravention,  as  al- 
leged, of  the  treaty  of  Ghent.  2.  The  question  of  title  to  the  settlement 
at  the  mouth  of  Columbia  river.  3.  The  question  of  the  northwestern 
boundary  line,  from  the  Lake  of  the  Woods;  and,  4th,  That  of  the  fishe- 
ries. Upon  these  topics,  the  President,  I  added,  preferred  treating  in  a 
direct  way,  in  the  first  instance,  in  the  hope  that  the  two  governments 
might  arrive  at  a  just  understanding,  without  resorting  to  Commissioners';, 
and  that,  if  this  government  was  prepared  to  go  into  all  of  them,  uiclud- 
ing,  especially,  a  general  treaty  of  commerce,  another  Plenipotentiary 
had  been  contingently  appointed  on  the  part  of  the  United  States,  to  meet, 
with  me,  any  two  that  might  be  designated  on  the  part  of  Great  Britain. 

His  Lordship  asked  what  he  was  to  understand  by  a  general  treaty  of 
commerce.  I  replied,  a  treaty  that  should  lay  open  not  a  temporary,  or 
precarious,  but  a  permanent  intercourse  with  their  West  India  Islands  and 
North  American  colonies,  to  the  shipping  of  the  United  States,  as  often  be- 
fore proposed,  but  which,  after  the  recent  refusals,  it  might  seem  almost 
unnecessary  again  to  bring  into  view,  were  it  not  that  other  objects,  of  in- 
terest to  both  nations,  were  now  associated  with  it  in  a  way  to  clothe  the 
proposition  with  a  new  aspect. 

He  answered  that  the  British  government  would  certainly  be  willing  to 
enter  upon  a  negotiation  on  the  commer-cial  relations  of  the  two  countries, 
but  that  he  had  no  authority  to  say  that  the  colonial  system  could  be  es- 
sentially altered;  broken  down  it  could  not  be.  I  said,  that  if  it  was  not 
to  be  departed  from,  or  in  no  further  degree  than  the  four  articles  had  im- 
ported, as  those  articles  had  already  been  rejected,  it  did  not  appear  to 
me  that  any  advantage  would  be  likely  to  arise  from  going  into  the  nego- 
tiation. He  replietl  that  he  was  not  prepared  to  answer,  definitively, 
upon  all,  or  any  of  the  points,  but  would  lay  them  before  the  Cabinet,  and 
let  me  know  the  result.  He  professed,  earnestly,  in  the  course  of  the  con- 
versation, the  desire  which  this  government  had  to  see  the  commerce  of 
the  two  countries  stand  upon  the  best  footing  of  intercourse,  the  stake  to 
each  being  so  great,  and  promising,  with  the  growth  of  the  United  States, 
to  be  so  much  greater. 

In  the  event  of  a  negotiation,  upon  the  grounds  I  had  explained,  not 
being  opened,  he  asked  if  I  could  inform  hun  what  the  intentions  of  my 
government  were  relative  to  the  commercial  intercourse  between  the  coun- 
tries; it  being,  for  obvious  reasons,  desirable  soon  to  know. 

Here  I  did  not  hesitate  to  announce  that,  in  such  an  event,  which  I  still 
hoped  would  not  be  the  case,  it  was  willing  simply  to  renew  the  existing 
convention  of  1815,  thus  keeping  this  instrument  distinct  from  all  other 
questions  of  a  commercial  nature,  if  the  British  government  preferred  it. 
'i'his  communication,  I  thought,  he  received  with  evident  satisfaction, 
lie  reniarkcd,  that  it  would  rescue  the  commercial  relations  frtim  all  dan- 
jrer  of  a  chasm,  and  made  known,  in  immediate  reply,  the  readiness  of  his 
'j;over!nnent  to  acquiesce  in  such  a  course. 

On  the  22d  I  received  a  note  from  him,  requesting  to  see  me  again  at 
the  Foreign  Office  on  the  23d.  I  was  there  accordingly.  Mr.  Robinson, 
who  is  now  a  momhov  of  thf  cahinet,  as  well  as  president  of  the  board  oi" 


70 


[71] 


i :  I 


trade,  was  present.  It  was  the  first  occasion  upon  which  any  third  person 
had  .been- associated  with  lord  Castlereagh,  at  any  of  our  official  inter- 
views. 

His  lordship  commenced  by  saying  that  he  had  laid  my  proposals  before 
the  cabinet,  and  that  it  had  been  agreed  to  enter  upon  the  general  nego- 
tiation; tliat  is,  one  which  should  embrace  all  the  points  I  had  stated.  In 
relation  to  the  great  commercial  question,  he  begged  I  would  understand, 
that  the  British  government  did  not  pledge  itselt  beforehand  to  a  depar- 
ture from  its  colonial  system,  in  a  degree  beyond  what  it  had  already  of- 
fered; but  that  it  was  sincerely  desirous  to  make  the  attempt,  and  une- 
quivocally wished  to  bring  the  whole  commercial  relations  of  tne  two  coun- 
tries into  view,  willing  to  hope,  though  abstaining  from  promises,  that 
some  modification  of  that  system,  mutually  beneficial,  might  be  the  result 
of  frank  and  full  discussions  renewed  at  the  present  juncture.  I  replied, 
that  I  knew  my  government  would  hear  this  determtnation  with  great  sa- 
tisfaction. That  it  would  cordially  join  in  the  hope,  that  the  new  efiort 
might  be  productive  of  advantage  to  both  countries,  and  strengthen  the 
ties  of  good  intercourse  that  should  unite  them. 

I  now  informed  him  that  Mr.  Gallatin,  the  present  minister  from  the 
United  States  at  Paris,  would  take  part  in  the  negotiation,  and  come  over 
to  London  as  soon  as  it  would  be  convenient  to  r^ay  that  plenipotentiaries 
would  be  appointed  on  the  part  of  Great  Britain.  He  said,  the  sooner  the 
better;  and  that  Mr.  Robinson  and  Mr.  Goulburn  would  be  named  to  treat 
witti  us.  His  lordship  said,  that  he  himself  would  be  obliged  to  set  out  for 
the  continent,  to  attend  the  European  Ccmgress,  by  the  20th  or  25th  of 
next  month,  but  that  the  negotiation  could  go  on  in  his  absence.  He  inti- 
mated a  wish,  however,  that  it  might  open,  if  practicable,  before  he  went 
away.  I  answered,  that  all  the  necessary  powers  and  instructions,  from 
our  government,  had  not  yet  reached  us,  but  that  we  were  in  daily  expec- 
tation of  them. 

He  next  asked  whether,  in  order  to  guard  against  all  possible  delays  that 
might  be  incident  to  the  general  negotiation,  which  was  to  embrace  so 
many  points,  I  was  prepared  to  agree,  at  once,  to  a  renewal  of  the  conven- 
tion of  1815,  for  a  term  of  years  to  be  agreed  on;  declaring  that  the  British 
government  was  ready,  at  any  moment,  to  concur  in  such  agreement. 

I  answered,  without  reserve,  that  I  was  already  in  possession  of  a  full 
power  to  this  eftect,  which,  independently  of  other  objects,  might  be  car- 
ried into  execution. 

I  wrote,  yesterday,  to  Mr.  Gallatin,  to  apprise  him  of  the  necessity  of 
coming  over,  the  contingency  which  was  to  bring  him  having  happened. 
From  the  answer  I  have  received  to  my  letter  to  him  of  the  second  of  tiiis 
month,  I  think  it  probable  that  he  will  be  here  in  three  weeks,  or  sooner, 
so  that,  if  our  full  powers  arrive,  the  negotiation  may  be  opened  before  Lord 
Castlereagh's  departure.  Should  Mr.  Gallatin  concur,  we  will  make  the 
renewal  of  the  convention  for  eight,  ten,  or  twelve  years,  our  first  act. 
This,  I  hope,  the  President  will  approve.  'Hie  reasons  that  operate  with 
me,  are,  1.  It  will  not  only  provide  against  delays,  but  all  uncertainties  iu 
the  result,  of  the  possibility  of  which  we  are  forewarned  simultaneously 
with  the  desire  expressed  to  enter  the  field  of  negotiation.  It  is  not  only 
important  that  there  should  be  no  chasm  in  the  commercial  relations  be- 
tween the  countries,  but  equally  so,  that  our  merchants  should  have  timely 
notice  that  there  will  be  none.  2.  Every  inquiry  that  1  have  made  among 
merchants  from  the  Ignited  States,  \\\i\\  whom  I  luive  been  able  to  confer, 


ird  person 
cial  inter- 
sals  before 
leral  nego- 
stated.  In 
nderstand, 
,0  a  depar- 
ilready  of- 
,  and  une- 
;  two  coun- 
nises,  that 
5  the  result 

I  replied, 
th  great  sa- 

nevv  efiort 
ngthen  the 

;r  from  the 
I  come  over 
potentiaries 

sooner  the 
ned  to  treat 
9  set  out  for 

or  25th  of 
e.  He  inti- 
)re  he  went 

tions,  from 

aily  expec- 

delays  that 
lembrace  so 
Ithe  conven- 

the  British 
Iment. 

on  of  a  full 
light  be  car- 

[lecessity  of 
happened. 

;ond  of  this 
or  sooner, 

>efore  Lord 

II  make  the 
jr  first  act. 
Iperatc  with 
'itainties  in 

dtaneously 
is  not  only 
ilations  be- 
[lave  timely 
lade  among 
to  confer, 


E71  ] 


71 


Jn  this  city,  has  produced  the  most  unequivocal  opinions,  that  this  conven- 
tion is  working  well  for  us,  which  entirely  falls  in  with  the  communications 
I  have  receive'd  from  the  Department.  3.  Taking  this  for  the  fact,  it  seema 
naturally  to  follow,  that  it  is  our  part  to  consent  to  the  renewal  the  moment 
Britain  says  she  will,  lest  the  day  should  go  by.  On  this  head,  I  will  just 
state,  that  Ihave  heard,  through  a  respectable  source,  that  there  are  already 
some  British  ship  owners,  in  Liverpool,  who  talk  of  petitioning  their  go- 
vernment against  its  renewal.  Lastly,  my  power  to  renew,  seems  to  me, 
from  your  despatch  of  the  thirtieth  of  May,  to  be  complete,  nor  will  its 
exercise  thwart,  in  any  degree,  our  prosper  of  a  more  enlarg;id  treaty 
under  the  general  negotiation." 


Mxtrad  of  a  letter  from  Mr.  Mams  to  Metsrs.  Oallatin  and  Rush^ 
dated  Department  of  State,  2Sth  July,  1818. 

**  In  the  expectation  that  the  government  of  Great  Britain  have 
accepted  the  proposal  which  Mr.  Rush  was  instructed  to  make,  for 
negotiating  a  treaty  of  commerce,  embracing  the  continuance  of  the 
convention  of  Sd  July,  1815,  for  an  additional  term  of  years,  and 
including  other  objects  of  interest  to  the  two  nations,  I  have  now 
the  honor  of  transmitting  to  you  the  President's  instructions  to  ^ou 
for  the  conduct  of  the  negotiation. 

With  regard  to  the  commercial  convention  ot  3d  July,  1815,  you 
have  already  been  informed  that  the  President  is  willing  that  it  should 
be  continued  without  alteration  for  a  further  term  of  eight  or  ten 
years.  We  had  flattered  ourselves,  from  the  liberal  sentiments  ex- 
pressed by  Lord  Castlcreagh  in  Parliament,  and  from  various  other 
indications,  that  the  British  Cabinet  would  have  been  now  prepared 
te  extend  the  principles  of  the  convention  to  our  commercial  inter- 
course with  their  colonics  in  the  West  Indies  and  North  America; 
but,  from  the  report  of  two  conferences  between  Mr.  Rush  and  Lord 
Castlereagh,  since  received,  it  apnears  that  our  anticipations  had 
been  too  sanguine,  and  that,  with  r^,^ard  to  our  admission  into  their 
colonies,  they  still  cling  to  the  system  of  exclusive  colonial  monopo- 
ly- 

Our  navigation  act,  passed  at  the  last  session  of    Congress,  is 

well  calculated  to  bring  this  system  to  a  test  by  which  it  has  not  hi- 
therto been  tried;  and  if  the  experiment  must  be  made  complete,  so 
that  the  event  shall  prove  to  demonstration  which  of  the  two  coun- 
tries can  best  stand  this  opposition  of  counter  exclusions,  the  United 
States  are  prepared  to  abide  by  the  result.  Still,  we  should  prefer  to 
remove  them  at  once,  if  for  no  otiier  reason  than  that  it  would  have  a 
tendency  to  promote  good  humour  between  the  two  countries.  We 
wish  you  to  urge  this  argument  upon  the  British  Cabinet;  to  remind 
them  of  the  principles  avowed  by  Lord  Castlcreagh  in  Parliament,  to 
which  I  have  before  referred,  and  of  their  precise  bearing  upon  this 
question.  It  may  also  be  proper  to  suggest,  that,  while  Great  Britain 
is  pressing  upon  Spain  the  abandonment  of  her  commercial  mono- 


72 


[71] 


4 


poly,  throughout  the  Continent  of  South  America,  lier  recommenda- 
tion must  necessarily  gain  great  additional  weight  hy  setting  the  ex- 
ample with  her  own  cohmies,  wliile  at  the  same  time  her  own  interest 
in  her  monopoly  must  be  reduced  to  an  object  too  trifling  for  national 
consideration,  when  the  Spanish  colonies  shall  be  open  to  the  com- 
merce of  the  world.  Finally,  it  may  be  observed,  that  the  free-port 
act,  passed  at  the  late  session  of  Parliament,  goes  already  so  far  to- 
wards the  abandonment  of  their  system,  that  it  can  scarcely  be  per- 
ceived why  they  should  adhere  to  the  remnant  of  it  any  longer.  Other 
arguments  may  occur  to  your  own  reflections,  and  result  from  your 
thorough  knowledge  of  the  subject;  you  will  urge  them  with  earnest- 
ness, though  giving  it  always  to  be  understood  that  we  shall  acqui- 
esce in  their  ultimate  determination. 

Whenever  this  subject  has  been  presented  to  the  British  cabinet, 
since  the  peace,  their  only  objection  to  the  proposals  and  arguments 
of  the  United  States,  has  been,  that  their  system  has  been  long  esta- 
blished. Lord  Castlereagh  has  invariably  acknowledged  his  own 
doubts  whether  it  was  wise,  or  really  advantageous  to  Great  Britain; 
but  placed  the  determination  to  preserve  it  upon  the  single  ground 
of  its  having  long  existed.  Whatever  weight  there  is  in  this  rea- 
soning, it  would  bear  in  favor  of  all  those  other  exclusions  which  he 
congrntulated  Parliament  and  the  country  at  having  been  abolished, 
as  much  as  in  support  of  this.  It  is  the  argument  of  all  existing 
abuse  against  reformation;  of  mere  fact  against  reason  and  justice. 
The  commercial  intercourse  between  the  United  States  and  the  West 
Indies  is  founded  upon  mutual  wants  and  upon  mutual  convenience; 
upon  their  relative  geographical  position;  upon  the  nature  of  their 
respective  productions;  upon  the  necessities  of  the  climate;  and  upon 
the  convulsions  of  nature.  When  the  British  ministry  say — against 
all  this  our  ancestors  established  a  system,  and  therefore  we  must 
maintain  it;  we  may  reply,  if  your  ancestors  established  a  system  in 
defiance  of  the  laws  of  nature,  it  is  your  interest  and  your  duty  to 
abolish  it.  But  who  can  overlook  or  be  blind  to  the  changes  of  cir- 
cumstances since  the  establisliment  of  the  system — to  the  irresistible 
consequences  of  the  establishment  and  growth  of  the  United  States 
as  an  independent  power — to  the  expulsion  of  the  French  from  St. 
Domingo — to  the  revolution  in  progress  in  the  Soutii  American  pro- 
vinces? Eiery  system  ostablislicd  upon  a  condition  of  things  essen- 
tially transient  and  temporary,  must  be  accommodated  to  the  changes 
produced  by  time. 

Besides  the  Free-poi-t  Act,  a  printed  copy  of  which  has  now  been 
received  from  Mr.  Rush,  and  which,  we  find,  is  limited  to  ports  spe- 
cially to  be  appointed  by  the  Crown,  in  the  Provinces  of  Nuva  Scotia 
and  New  Brunswick,  we  have  seen  in  the  public  journals  a  bill  for 
permitting  a  certain  trade  between  the  British  West  indies  and  any 
colimy  or  possession  in  the  West  Indies,  or  on  the  continent  of  Jimericaf 
tinder  the,  dominion  of  any  foreign  European  sovereign  or  state.  This 
measure  appears  intended  to  counteract  the  effects  of  our  late  Naviga- 
IHon  Act,  and  gives  further  manifestation  of  the  adherence  of  the  Bri- 


mmenda- 
g  the  ex- 
n  interest 
national 
the  com* 
free- port 
so  far  to- 
y  be  per- 
?r.  Other 
rom  your 
I  earnest- 
all  acqui- 

I  cabineii, 
rgu  mentis 
long  esta- 
Iiis  own 
t  Britain; 
e  ground 
this  rca- 
which  he 
abolished, 
existing 
id  justice, 
the  West 
iveniencej 
of  their 
and  upon 
— against 
we  must 
system  in 
duty  to 
:es  of  cir- 
csistiblc 
States 
from  St. 
'ican  pro- 
's essen- 
e  changes 

now  been 
»orts  spe- 
va  Scotia 
bill  for 
and  any 
America^ 
ate.  This 
Naviga- 
the  Bri- 


ed 


C  71  ] 


f 


78 


tish  government  to  their  colonial  exclusions.  It  ts  the  President's 
desire  tliut  notiiing  should  be  omitted  whicii  can  have  the  tendency 
to  convince  them  that  a  change  would  promote  the  best  interests  uf 
both  countries,  as  well  as  the  harmony  between  them.  Should  your 
efforts  prove  inetfectual,  we  can  only  wait  the  result  of  the  counter-' 
acting  measures  to  which  we  iiave  resorted,  or  which  may  be  found 
necessary  hereafter. 

In  carrying  the  convention  of  3d  July,  1815,  into  execution,  the 
British  government  have  sanctioned  the  practice,  with  regard  to  some 
of  the  foreign  tonnage  duties,  Brst,  to  levy  them,  as  if  the  conven- 
tion were  not  in  f(u-ce;  and  then,  upon  petition  of  the  persona  inte-' 
rested,  to  have  them  returned.  If  this  practice  cannot  be  given  up 
altogether,  it  will  he  necessary  that  some  regulation  should  be  adopt- 
ed, by  which  the  extra  duties  siiall  be  returned,  of  course;  and  with- 
out putting  the  parties  to  the  trouble,  and  expense,  and  delay,  of  ob- 
taining it  by  petition.  At  |)resent,  unless  the  petition  is  pre- 
sented, the  duties  are  not  returned.  It  happens  sometimes,  that 
tnastcrs  of  vessels  pay  the  duties,  without  knowing  that  they  are  en- 
titled to  have  them  returned;  in  which  case,  they  are  lost  to  them, 
or  their  owners.  It  will  be  proper,  therefore,  to  recpiire  the  adoption 
of  some  general  regulation,  in  virtue  of  which,  it  shall  be  made 
the  duty  (»f  the  oilicers  of  the  customs  to  rep»y  the  extra  duties,  in 
all  cases  in  which  they  shall  have  been  levied,  without  exposing  the 
individual  to  lose  his  right  by  his  own  ignorance,  or  by  the  negli-< 
gence  or  infidelity  of  his  consignee. 

2.  Slaves. 

The  British  government  have  accepted  the  pi'oposal  of  referrin,^  to 
the  decision  of  some  friendly  Sovereign,  or  State,  the  question  con- 
cerning the  slaves  carried  away  from  the  United  States,  by  British 
officers,  after  the  ratification  of  the  peace.  They  propose,  however, 
a  previous  reference  of  it  to  two  commissioners,  appointed  like  those 
under  the  4th,  5th,  6th,  and  7th  articles  of  the  treaty  of  Ghent,  and 
to  proceed  with  similar  powers;  and  committing  to  the  same  commis- 
sioners the  power  of  fixing,  definitively,  the  boundary  between  the  Unit- 
ed States  and  the  possessions  of  Great  Britain,  westward,  from  the 
northwest  corner  of  the  Lake  of  the  Woods;  and  of  pronouncing  up- 
on the  right  of  the  United  States  to  the  settlement  on  the  shores  of 
the  Pacific  Ocean,  at  the  mouth  of  Columbia  river.  These  objects 
are  so  entirely  different  from  one  another;  the  principles,  the  cha- 
racter of  the  evidence,  and  the  reasoning,  which  must  lead  to  the  re^ 
suit,  are  so  disconnected  and  incongruous,  that,  if  submitted  at  all 
to  commissioners,  it  is  obviously  proper  to  refer  them  to  different 
commissions.  The  question  concerning  the  slaves,  is  a  question  of 
construction  upon  the  terms  of  the  first  article  of  the  treaty;  and  the 
two  governments  having  already  discussed  it,  each,  after  discussion, 
adhering  to  its  own  opinion,  there  is  little  prospect  that  either  of  the 
commissioners  will  come  to  a  conclusion  different  from  that  of  his 

10 


74 


[71  J 


own  |»ovorniiiciit.  The  present  ofler  of  tlic  Dritisli  (government,  cou- 
ncctin;;;  it  with  anotlii>r  rjuestion  of  boiinilary.  bears  the  appearance 
of  a  disposition  to  make  it  an  aflTair  of  conipnnnise,  and  that  piey 
are  >^illirig  to  concede  something  to  us  on  one  of  the  points,  upon 
condition  of  a  concession  from  us  upon  the  other.  If  this  be  tlieir  ob- 
ject, these  mutual  concessions  may  be  made  with  more  convenience 
by  direct  and  immediate  agi'eement  between  the  two  ji^overnmentSp 
and  by  an  article  of  the  treaty,  than  by  the  means  of  comminsionersy 
whose  functions  are  rather  of  the  judicial  than  the  ministerial  cha- 
ractcr,  and  whose  duties  arc  to  decide,  and  not  to  compnMnise. 

3.  BonmUiry,  from  the  Lake  of  the  ff'oods,  westward. 

fty  the  second  article  of  the  treaty  «»f  peace,  of  1 783,  the  boundaries 
of  the  United  States,  after  havinja;  been  tr.iced  Irom  the  northwest 
anjs^le  oi  Nova  Scotia  to  the  most  northwestern  point  of  the  Lake  of 
the  Woods,  are  pursued  "  from  thence,  on  a  due  west  course,  to  the 
*♦  river  Jlississippi;  thence,  by  a  line  to  be  <lrawn  along  the  middle 
"  of  the  said  river  Mississippi,  until  it  shall  intersect  tlie  northern- 
**  most  part  of  the  tiiirty  first  degree  of  north  latitude." 

By  the  fourth  article  of  the  treaty  of  1794,  it  was  declared  to  be 
un('ertain  w  hether  the  river  Mississippi  extended  so  far  to  the  north- 
M'ard  as  to  be  intei-sected  by  a  line  due  west  from  the  Lake  of  the 
Woods;  and  a  joint  survey  of  the  river,  from  one  degree  below  the 
Falls  of  St.  Anthony  to  tlie  principal  sources  of  the  said  river,  and 
of  the  parts  a«!jacent  thereto,  was  stipulated;  and  if,  on  the  result  of 
the  survey,  it  appeared  that  the  river  would  not  be  intersected  by  the 
lint,  the  parties  were  to  regulate  the  boundary  line  by  amicable  ne- 
gotiation, according  to  justice  and  mutual  convenience,  and  in  con- 
fornuty  to  the  intent  of  the  treaty.  This  joint  survey  never  took  ef- 
fect. 

By  a  convention,  signed  on  the  12th  of  May,  1803,  by  Mr.  King 
and  Lord  Ilawkesbury,  but  which  was  not  ratified,  it  was  agreed 
that  the  boundary  should  be  by  a  line  Irom  the  northwest  corner  of 
the  Lake  of  the  Woods,  by  the  shortest  line,  until  it  touched  the  river 
Mississippi.  Until  then,  the  Mississippi  river  had  been  the  western 
boundary  of  the  United  States.  The  cession  of  Louisiana  gave  them 
a  new  and  extensive  territory  westward  of  that  river. 

In  tlie  negotiation  of  1807,  between  Messrs.  Monroe  and  W.  Pink- 
ney,  and  the  Lords  Holland  and  Auckland,  there  were  three  successive 
draughts  of  articles  for  the  settlement  of  this  boundary.  The  first  jiro- 
posed,  on  the  British  side,  (art.  5,  page  198,  documents.)  was  a  line 
due  west  from  the  Lake  of  the  Woods,  along  the  49th  parallel  of  north 
latitude,  as  far  as  the  territories  of  the  United  States  extend  in  that 
quarter,  and  the  line,  to  that  extent^  was  tn  form  the  boundary;  with 
a  proviso,  that  the  article  should  not  be  construed  to  extend  to  the 
northwest  coast  of  America,  or  to  territories  westward  of  the  Stoney 
Mountains. 

The  second  proposed,  on  the  part  of  the  United  States,  (page  202,) 


tur 

tha 

,      not 

bel( 

thei 

LaV 

ahai 

tide 

tr  J, 

west 

Il0\V( 

lunib 
new  I 
tude, 
nent, 
the  p 
that  I 

JM0JC( 

I'ink. 
parall 
tcrritc 

tains, 
wncort 


[712 


*";'"  bofl.  «i,|,s.  i'V       ff  "'  '■*  ''^^'ardedX  h    '^*,'"«"'^'''  tl,e  sub 
orrntM.  "'^'""'•'  P'^'a^.-aph,  the  art'd^laf  I' ^i';  ^^"'*^  "^ ac ' 

t'    ''ave  bee,,  cxne' te  r      "  *'"^  "avi>atio„  of  rbo'^     •'''*"  ^°  «"  ar- 
.owevc,.,ofdi,s,,uti,  /'    ''!M7''ta'K-e  to  tbeiu      'n       ''""^'^^''•ed  tbis 

;;7estabii3bu,e„^^  .'     f.^f /^esi^^o,  o,.,tlu.  l' '  .  t""'"*''  "^  ^^"- 
*"''^  south  of  ^^}rlv    tlT    '      '  "P""  ^''^  to,.  1  It'!;  *"  •^''"'•oach.  by 

t be  i,i.o.i.,.oss  ofo,,.  1?;   '''"""^>'*»'  tbe  Cruitem,  /  '  "P""  this  conti- 

f.^aiust  its  /x  e,  sfo  tf  .f  ^'^^^  ^'^^""•'  in  tbTt  ;  h  T'^'  '"^^  ^^^'  as  tl  e 
*«'"«,  upou  JuTu         ''•"  ^""^''  ««a,  Lr  b,  V    '  V"^  ''''*''  ^  Caveat 

'M>l'/y  the  indefinitn 


^ 


i'l 


76 


C  71   ] 


limit  of  oxtonsion  ^' a$  far  as  the  terriforieH  f.r/enf/,"  to  tlic  territo- 
ries of  the  United  States,  and  not  to  those  (»f  (Ireat  Britain,  leavint; 
a  nest  eg.ej  for  future  pretensions,  on  tlieir  part,  south  of  latitude  49. 
The  counter  projects  for  the  line,  on  our  part,  tlierefore,  at  hoth  those 
ne^ritiations,  were,  from  the  northwest  corner  of  tlie  Lake  of  the 
Woods,  the  point  already  Tixed  and  undisputed,  a  line  due  north  or 
south,  as  the  case  may  he,  to  the  49th  parallel  of  latitude,  and  thence, 
aloii,!^  that  parallel,  due  west,  as  far  as  the  territories  of  both  pnri'tes 
extend  i)i  tha'  direction,  and  adopting;  the  caveat  against  extension  to 
the  Pacific,  or  heyond  the  Stoney  Mountains. 

^     4.  Stitlement  at  the  Month  of  Volumbin  Hirer. 

From  the  lato  corrcspotulenre  with  the  Spanish  Minister  Onis,  it 
ap])ears  that  the  claim  of  Sjiain,  upon  t!ie  shores  of  tin;  South  Sea, 
extends  to  the  56th  degree  (tf  north  latitude:  hut,  there  is  a  liussian 
settlement  in  55,  besides  a  temporary  lodgment  connected  witli  it  as 
far  south  as  42.  The  pretensions  of  thi^  Britisli  Government  may, 
on  this  occasion,  be  disclosed.  We  know  not  precisely  what  they 
are;  nor  have  they  explained  the  grounds  or  tUv.  motives  upon  wiiich 
they  contest  our  right  to  the  settlement  i  ailed  Astoria,  formed  before 
the  late  war,  and  broken  up  by  the  British  sloop  of  war  Racoon  iu 
the  course  of  it.  Tlie  papers  cnclctsed,  marked  from  A  to  I,  contain 
all  the  information  material  to  the  subject,  possessed  by  this  Depart- 
ment. It  appears  that,  at  the  time  when  the  American  settlement 
was  broken  up  during  the  w ai*,  tlie  j)roperty  was  purchased  by  cer- 
tain agents  of  the  British  Northwest  Company:  this,  however, 
could  in  no  manner  divest  the  United  States  of  their  jurisdiction. 
As  the  British  Government  admit,  explicitly,  their  obligation,  under 
the  first  art'cle  of  tlje  Treaty  of  Ghent,  to  restore  the  post,  there  can 
be  no  question  with  regard  to  the  right  of  the  United  States  to  re- 
sume it.  We  do  not  perceive  how  or  why  this  question  should  be  re- 
ferred to  tw^o  commissioners  of  the  respective  nations;  and,  as  Rus- 
sia herself  has  pretenr  Ions  on  tliat  Coast,  it  deserves  the  considera- 
tion of  both  parties,  wliether  the  ultimate  determination,  in  tlie  al- 
most unavoidable  case  of  a  difference  between  the  Commissioners, 
could,  with  propriety,  be  referred  to  her  Sovereign.  Mr.  Rush 
has  been  instructed,  in  the  event  of  a  final  difference  between  the 
Commissioners,  under  the  existing  commissions,  to  propose  tite  Em- 
peror of  Russia  as  the  Sovereign  to  whose  decision  the  reference, 
ptipulatcd  on  that  contingency  in  the  treaty,  should  be  made.  It 
cannot  be  doubted,  that  he  was  the  Sovereign  contemplated  by  both 
parties,  at  the  time  when  the  treaty  was  concluded;  and  it  might  be 
difiicult  to  designate  any  ottier  in  wliom  the  confidence  of  both  par- 
ties would  be  so  strong  and  clear,  as  to  secure  their  cordial  acquies- 
c:ence  in  his  decision. 

The  expedient  itself,  of  submitting  questions  of  territor'al  rights 
and  boundaries,  in  discussion  between  two  nations,  to  the  decision  uf 
^tliii'd;  was  unusual,  if  not.entirely  new;  and,  should  the  contingency 


C7t] 


77 


crrito- 

oaving 

mlc  49. 

Ii  those 

of  llie 

oitli  or 

tluMicc, 

jtarties 

mum  t<» 


Onis,   it 
itli   Sea, 
liussiaii 
ith  it  ivs 
cut  may, 
hat  thty 
on  whirh 
cd  hi't'ore 
laciXMi  ill 
,  roiitaiu 
s  Depart- 
icttlemcnt 
(I  by  ccr- 
linwcver, 
risdUtion. 
loii,  under 
tliere  can 
[es  to    if- 
)uld  be  rc- 
!,  as  Riis- 
(onsidera- 
iii  tlie  al- 
nissioncrs, 
Mr.   Rush 
twcen    the 
e  the   Em- 
rclerencc, 
made.     It 
ted  by  botli 
might  be 
both    pai- 
al  acquies- 

jrlal  rights 

decision  ol 

:qntingency 


orrnr,  will  probably  enronntcr  dilTimlties  of  execution,  not  f(H'rHr«  n 
ut  the  tiirio  when  tlie  stipulation  was  inadr  oC  i-csortiug  to  it.  The 
8iil»j('Cts  in  controversy  areofa  oaturi-  too  intricate  ami  ('(nnplicatcd, 
retjuiriMg  on  the  part  ol*  the  arbitrator  a  patience  of  investiy;ation 
and  research,  hist«M'ical.  political,  legal,  geographical,  and  astronO' 
mical,  for  whirh  it  is  impossihle  to  conceive  that  the  sovereign  ot  u 
great  empire  could  personally  bestow  the  time, 

'I'hese  ideas  are  suggested  with  a  view  to  recommend  the  attempt 
I'ather  to  come  to  an  agreement  between  the  parties  themselves,  upon 
all  objects  which  have  not  been  liioroughly  discussed  between  them, 
than  to  cast  their  dilKculties  upon  commissioners  who  can  scarcely 
be  expected  to  agree  concerning  them,  and  then  upon  a  foreign  s(;ve- 
leign,  of  whose  personal  integrity  no  doubt  can  he  entertained,  but, 
who  cannot  have  leisure  to  sift  the  subjects  in  dispute  to  the  bottom. 

On  the  whole,  the  President  will  be  well  satislied  if  these  three 
objects:  of  indemnity  for  the  slaves  can  ied  away;  (»f  the  western 
boundary  from  the  Lake  of  tlie  W«»odh;  and  of  the  settlement  at  the 
mouth  of  Columbia  lliver,  can  be  adjusted  by  tliis  neg(»tiation,  rather 
than  referred  to  commissioners,  which  must  he  expensive,  and  so 
constituted  as  to  make  it  at  least  probable  that  tliey  will  decide 
nothing,  and  then  to  a  friendly  sovereign,  still  at  great  expense, 
and  other  inconveniences  to  both  parties.  Witli  regard  to  tlie  slaves, 
the  question  which  it  was  proposed  should  be  submitted  to  the  de- 
cision of  an  impartial  arbitrator,  was  merely  on  the  construction 
of  one  paragraph,  in  an  article  of  the  treaty  of  Ghent.  'I'his  was  so 
simple,  and  reipiiring  so  little  research  or  investigation  of  any  kind, 
that  it  might  have  been  decided  immediately  by  the  sovereign  him- 
self, upon  an  inspection  of  the  article,  and  a  short  statemi-nt  of  the 
facts  to  which  both  parties  would  have  agreed.  But  the  delineation 
of  an  unsettled  boundary,  across  the  western  deserts  of  this  continent; 
the  title  to  establishments  on  the  Pacific  Ocean,  where  the  arbitrator 
himself  is  not  without  his  pretensions;  and  where,  save  |iretensions, 
there  is  no  object  to  any  party  worth  contending  for;  io  creates  bur- 
densome commissions,  and  make  solemn  references  to  a  foreign  so\e- 
reign,  for  these,  appears  scarcely  to  be  necessary,  if  altogether  justi- 
fiable. As  to  the  line  from  the  Lake  of  the  Woods,  you  are  au- 
thorized to  agree  to  that  which  was  agreed  upon  by  the  Pleuipoten 
tiaries  on  both  side.),  in  1807;  but  not  to  any  line  which  uotild  bring 
the  British  in  contact  with  the  Mississippi;  nor  to  any  thing  which 
would  authorize  the  British  to  trade  with  Indians  within  the  bounda- 
ries of  the  United  States.  Of  the  inconveniences  of  allowing  such 
trade,  even  by  licences,  a  recent  instance  has  occurred,  copies  of  the 
papers  relating  to  which  are  transmitted  to  you. 

5.  Fisheries, 

The  proceedings,  deliberations,  and  communications,  upon  this 
subject,  which  took  place  at  the  negotiation  of  Ghent,  w  ill  be  fresh 
in  the  remembrance  of  Mr.  Gallatin.    Mr-  Hush  possesses  copies  of 


'f! 


78 


r^i] 


:    \ 


H 


the  cftprosponilrncc  with  the  British  j^ovcnurnMit,  rclatinju;  to  it,  after 
the  roiichisiiiii  ol'  the  |m'u('cs  -.ukI  oI'  that  whi('h  has  passed  here  he- 
twiMii  Mr.  Baja;i>t  ami  this}5«»voniin('t»t.  Cop'*'^  <»f  Ntivnal  lottors  re- 
rcivcil  hy  iiicinhcrs  of  Couji^rcN^  diiriiiti^  the  latu  HesHioiit  tVoin  the 
]»arts  of  tlio  ('(luutry  most  deeply  iittercMtcd  in  the  lisherics,  arc  now 
tnitisinittcd. 

Tlif  I'ri'sieh'iit  aiitliuri/OH  you  to  aujrep  to  hii  artirlo,  wherohy  the 
Uiiifi'cl  St.ites  will  (ii-sist  iVoni  the  lilicrty  of  fishing  and  curing  and 
dryiiiju^  fish  within  the  Itritish  Jiifisdiction  i^cncralltf,  upon  condition 
that  it  shall  h<>  srcuird  as  a  permanent  ri,u;ht,  not  liable  to  be  impaired 
hy  any  futiitv  war.  from  Cape  Hay  to  the  Raniian  IslamlN,  and  from 
Mount  .loli,  on  the  Lal)ra(hn'  coastt  throu.vh  the  Strait  of  Belle  Isle, 
iiiderniitely.  north,  ahui.u;  the  coast;  the  rij^lit  to  extend  as  well  to 
curtMi^iinit  (tr\  iiii;- till-  fish,  as  to  lishint^. 

Bv  Ihf  (i.'(  ice  of  the  .hidtj;*'  of  the  Vice  Adn»iralty  (^ourt  at  Hali- 
fax, on  the  ;21»th  of  Anj^ust  last,  in  the  case  of  seveial  American  tish- 
iii;;  vessels  wliich  liati  heeij  captured  and  sent  into  that  port,  a  copy 
of  which  is  alsn  now  ti'ausniitted  to  you.  it  apjiears  that  all  those  cap- 
tuies  have  hei'ii  il!ci:;'.il.  An  appi'al  from  this  decree  was  entered  hy 
the  captors  to  the  A])j)ellate  Court  in  En,(^land,  and  the  owners  of 
the  ca;)tured  vessels  were  ohli^ed  to  ifivc  bonds  to  stand  the  issue  of 
the  appeal.  Mr.  iiusli  was  instructed  to  employ  suitable  rounsel  for 
th'>s"  cases,  if  the  nppi'als  sh  luld  be  entered,  and,  as  we  have  been  in- 
fo!  nicil  ;»;.  hi)!),  ills  accordihii'ly  done  so.  If  you  do  not  succeed  in 
a,;;reein,^  upon  an  article  on  this  suhject,  it  will  be  desirable  that  the 
<l!iesti;)M  upon  flif  ri:^iit.  should  be  solemnly  ai'gue<l  before  the  Lords 
of  Appeals;  and  that  counsel  of  the  first  eminence  should  be  employed 
in  it.  .Judpe  >N  allace  aj;reed  with  the  Adv«)cate  General,  that  the 
late  war  completely  dissolved  every  right  of  tin;  people  of  the  United 
States  aocpiired  by  the  treaty  of  1783.  But  it  does  not  appear  that 
this  ipiestion  had  been  ars^ued  before  him,  and  the  contrary  opinion 
is  not  to  be  surrendered  on  the  part  of  the  United  States,  upon  the  dic- 
tiiunA'  a  Vice  Adnjiralty  Court.  Besides  this,  we  claim  the  rights 
in  ([uestion  not  as  (iniaired  by  the  treaty  of  1783,  but  as  having  al- 
ways before  enjoyed  them,  and  as  only  recognised  as  belonging  to  us 
by  that  treaty,  and  therefiu'e  never  to  be  divested  from  us  but  by  oup 
own  consent.  Judge  Wallace,  however,  exjdicitly  says,  that  he  does 
not  see  how  he  can  condemn  these  vessels,  without  on  act  of  Farlia- 
mcnt.  And  whoever  knows  any  thing  of  the  English  Constitution, 
must  see  that  on  this  point  he  is  unquestionably  right.  He  says,  in- 
deed, something  about  an  order  in  council,  but  it  is  very  clear  that 
\v(uild  not  answer.  It  is  a  question  of  forfeiture  for  a  violated  terrU 
torial  jurisdiction;  which  ((M'feiture  can  be  incurred,  not  by  the  law 
of  nations,  but  only  by  the  l(n(V  of  the  land — there  is  obviously  no 
such  law. 

The  ai  .';ument  w  ImcIj  has  been  so  long  and  so  ably  maintained  by  Mr. 
Reeves,  that  the  rights  ofantenati  Americans,  as  British  subjects, even 
■within  the  kingdom  of  (ireat  Britain,  have  never  been  divested  from 
them,  because  there  has  been  no  act  of  Parliament  to  declare  it,  applies, 
its  fullest  force;  to  tiiis  case;  and,  connected  with  the  article  in   the 


L711 


79 


(roaty  of  1783,  by  wliicli  tliis  partinilar  rijjlit  was  rrroejniscd,  coii- 
fli-iiKHl,  and  jilarrd  out  of  tlic  reai  li  of  an  act  of  I'atliauMMit,  coni)- 
borates  the  argument  in  our  favor.  How  far  it  may  l)c  proper  and 
adviHalile  to  use  these  Nug,u;estionN  in  your  ue(j;<»tiation,  must  he  left  to 
vonr  Nound  discretion;  hut.  they  are  throuiiout  with  the  hope,  tliat 
you  will  pursue  the  inventij^atiou  of  the  important  (picstions  of  Bri- 
tish law,  involved  in  this  interest;  and  that  every  possible  advantage 
may  be  taken  of  then- preparatory  foi-  the  trial  before  the  Lords  of 
Appeal,  if  the  rase  should  ultimately  come  to  their  decision.  'I'ho 
Uiitisb  i^overnment  may  he  well  assure<l,  that  not  a  particle  of  these 
ri,t;hts  will  be  finally  yiehled  by  tlie  (  nited  States  witliout  a  strug- 
i^lc,  which  will  costiareat  Ui'itain  more  than  the  worth  of  the  jiri/e. 

Tliese  are  the  subjects  to  which  the  President  is  willing   that  your 

negotiation  should  be  confined.   With  regard  to  the  others  of  a  general 

^nature,  and  relating  to  the  respective  rights  of  the  two  nations  in 

tiaies  of  maritime  war,  you  are  authorized  to  treat  of  them,  and  to 

conclude  concerning  them,  conformably  to  the  instructions   already 

ill  possession  of  Mr.  Rush;  or,   if  the  dilliculty  of  agreeing  upon  the 

i|iiinciples  should  continue  as  great  as  it  has  been  hitherto,  you  may 

[omit  them  altogether. 

You  will  not  fail  to  transmit,  by  duplicates,  the  result  of  your  con- 
.  I'tit'ences,  at  as  early  a  ptriud  as  may  be  found  practicable.'' 


lE.dr«cf  of  a  letter  from  Mr.  Mams  to  Mr.  Gallatin,  dated  Department 

of  State,  nmh  July,  1818. 

"  This  letter  is  merely  to  request  you,  in  case  the  British  go\ern- 
hieiit  should  have  accepted  the  proposal  for  that  negotiation,  and  if 
lou  should  be  still  in  Paris  when  you  receive  it,  to  repair,  w  ithout 
Uflay,  to  London,  for  the  purpose  of  entering  U|ion  the  negotiation. 
It  is  ho|)ed  you  will  be  able  to  tinisb  it,  and  to  transmit  the  I'esult  here 
lor  the  meeting  uf  Congress  on  the  third  Monday  in  November." 


Mr. 

.  even 
from 
plies, 
the 


Ixlrad  of  a  letter  from  Mr.  Hush  to  the  Secretary  of  State,  dated 
London,  .August  IS,  1818. 

l"On  the  day  before  yesterday  I  received  a  letter  from  Mr.  Gal- 
[tin,  dated  the  6th  of  this  month.     He  informs  me  that  tlie  full  pow- 

have  got  to  hand,  and  that  he  expects  to  be  here  on  the  sixteenth. 
'"  The  prospect  of  opening  the  negotiation  before  the  departure  of 
ftrd  Castlereagh,  seems  therefore  now  to  be  good.  1  went  yester- 
ly  to  the  Foreign  Uiiice  to  request  that  the  proper  orders  may  be 
]|)cdited  to    Dover,   for  the  entrance  of  Mr.  (lallatin,  his  family, 

baggage,  into  the  kingdom,  without  molestation  or  delay." 


80 


[711 


Extract  of  a  letter  from  Mr.  Rnsfi  to  the  Secretary  of  Slate,  dated 

Londoiif  August  15,    1818. 

**  Oil  the  cvoninu:  of  the  IStli,  I  received  a  note  from  Lord  Castle- 
rca.ivh,  reqiiesliiig  im;  to  call  nt  the  Foreign  OtKce  jesterday  at  tour 
o'clock.  I  went  a(X'(trdingiy,  wiieii  a  conversation  took  place,  which 
I  j»roc4*ed  to  relate: 

Tlie  ostensible  object  of  the  interview  was  to  say  to  ine,  that 
some  circumstances  would  prevent  the  Con.i;ress  assemblinji^  at  Aix- 
la-Chapelle  earlier  than  the  20th  of  September,  wliich  would  make 
it  unnecessary  for  him  to  go  away  quite  as  soon  as  he  had  originally 
contcniplated.  He  was  glad  of  this,  he  added,  as  it  would  insure  tti 
hiii  an  opportunity  of  being  present  here  when  the  negotiation,  so 
soon  to  take  place,  between  ilie  two  countries,  commenced.  I  inform- 
ed him  of  our  full  powers  having  been  received,  and  of  th(5  expecta- 
tion 1  iKJW  had  ot  Mr.  Gallatin's  arrival  in  a  day  or  two.  He  sub- 
joined a  few  woi'ds  as  to  the  formal  manner  in  which  it  appeared  to 
liim  best  that  the  negotiation  should  move  ahmg,  and  also  to  ap- 
prise me,  that,  aJthougli  he  expected  to  go  int(»  the  country  to-morrow, 
lie  would  he  in  town  again  on  the  25th.  Here,  this  part  of  the  con- 
versation closed. 

He  next  surprised  me  agreeably  by  reviving  the  subject  of  im- 
pressment, \vhi(.li  I  thought  liad  been  blotted  ')ut  from  our  conferi'iices. 
He  began  by  premising  that  what  he  was  going  to  say  was  conliden- 
tial,  and,  for  the  present,  without  the  know  ledge  of  his  ( olleagues  in  the 
administration.     That  he  had  reflected  uiuch,  and  anxiou>>iy,  upon  my 
late  proposals,  which,  it   was  true,  had,  as  they   now  slooil.  been 
rejected.     But  fcMding  anew  the  importance  of  this  subject  to  the  fu-**) 
ture  harmony  of  the  two  countries,  and  willing,   if  possible,   not  tU| 
let  it  be  shutout  from  the  general  negotiation  upon  the  e\e  of  open- 
ing, it  had  occurred  to  him  to  offer  some  suggestions  in  relation  to  it. 
barely  to  see  how  tliey  struck  my  mind,  and  know  if  there  would  bej 
a  motive  to  pursue  tiiem.     He  went  on  to  say,  tiiat  his  own  impres- 
sion was,  jn'utesting  that,  as  yet,  he  was  not  authorized  to  say  it  wAjI 
that  of  his  goveinnient,  that  the  proposals  might  be  rendered  acce|i- 
table  by  some  modifications  very  impcu'tant  to  Great  B. 'tain,  and  miil 
at  all  so,  as   he  supposed,  to  the  |)rimary  object  in    view   by  tla'| 
United  States.     The  modifications  were  these: 

1.  That  any  treaty  or  convention,  built  up  upon  the  proposals  as  11 
had  submitted  them,  should  be  limited  in  duration;  say  to  eiglit,  toiJ 
or  twelve  years,  with  liberty  to  each  party  to  be  absolved  from  iHJ 
stipulations,  on  a  notice  of  three  or  six  months;  as  in  the  late  ari'au,i,'ef 
ment  respecting  the  reciprocal  dismaiiTlemeut  of  naval  armamciit^v 
upon  the  lakes. 

2.  I'hat  the  British  hoarding  oflicer,  entering  American  ships  al 
sea.  for  a  purpose  justified  under  the  laws  of  natiiMis,  should  have  tlil 
liberty  of  calling  tor  the  list  of  the  crew;  and,  if  he  saw  a  seaniaij 
known  to  him,  or  on  good  grounds  suspected  to  be  an  Englishinaiij 
that  he  should  have  the  furtlier  privilege  of  making  a  record,  or  pii^ 


late,  dated 


vA  CasUc- 
ilay  at  tour 
lace,  whicU 

ine,  that 
ing  at  Aix- 
oiild   make 

il(\  insure  to 
otiatioii,  so 
il.  I  iufoinv- 
thc  exi»ecta- 
o.  He  sub- 
ap^i-ared  to 
also  to  ap- 
i'  to-iuonow, 
t  of  the  con- 

ubject  of  im- 
.  confi'i'i'ures. 
was  r.)Hli*len- 
Uvigues  in  the 
^ly,  upon  my 
^,'t()()(l.  been 
iHt to  the  iu-^ 
sible,   not  to 
c\e  of  opcr- 
relalion  t<»  it. 
ere  would  be 
<i\vn  impies- 
to  say  it  was 
uliM'ed  acccit- 
tain,  and  n»i 
view   by  tlie 


)i'oposal9  as  1 
to  eight,  t^;ii'| 
)lved  from  m 
late  arra\i,i,'e' 
,al  armament 

>rican  sbii)S  a] 
bould  have  tlij 
saw  a  seanvaij 
Enslisbinanf 
record,  or  ])i* 


[71] 


81 


ces  verbal,  of  the  fact,  in  such  way  as  to  have  the  case  distinctly 
brought  under  the  notice  of  our  government^  though  by  no  means 
withdrawing  the  man  from  the  ship. 

The  latter  regulation,  his  lordship  observed,  would  operate  as  a 
further  incentive  to  the  faithful  execution  of  our  home  prohibitions  for 
excluding  British  subjects  from  our  vessels;  and  the  former,  guard 
against  any  irrevocable  relinquishments  by  Great  Britain,  which 
the  opinions,  or  even  prejudices  of  the  country  might  not,  upon  trials 
be  found  to  bear. 

I  naturally  infer  that  this  government,  reviewing  its  late  decision, 
and  seeing,  at  last,  the  unexceptionable  and  perfect  fairness  of  the  of- 
fers of  the  United  States,  has  made  up  its  mind  to  abandon,  in  effect, 
the  great  principle,  or,  at  le?,st,  practice,  to  which,  with  an  injustice 
so  tenacious,  it  has  long  clung:  that  of  forcing  the  man  from  under 
the  sacred  cover  of  our  flag;  and  that  ground  has  been  broken  in  the 
above  interview,  to  the  consummation  of  a  change  so  auspicious  in 
the  councils  of  this  nation.  I'he  first  modification  seems  to  me  unob- 
jectionable. The  second  is  open  to  considerations  which  I  do  not  at 
all  like;  yet  it  comes  as  a  first  suggestion,  and  we  may  therefore  hope 
to  g^t  rid  of  it  altogether.  As  Mr.  Gallatin  will  be  here  so  soon,  I 
forebore  to  offer  to  his  lordship  any  opinion,  not  feeling  myseFf  now 
at  liberty  to  speak  upon  the  subject  singly;  but  joining,  nevertheless, 
in  the  renewed  anxiety  to  see  it  brought  within  the  pale  of  our  ap- 
proaching discussions,  and  stating  that  1  thought  fair  ground  was 
laid  for  its  admission.  I  take  leave  of  the  subject,  therefore,  until 
my  endeavors,  jointly  with  those  of  Mr.  Gallatin,  shall  be  resumed 
upon  it,  having  been  first  led  to  this  communication  for  the  Presi- 
dent's early  information  on  a  question  of  so  muc'j  interest.  My 
despatch  of  the  26t!i  of  June  will  sliow  that  some  intimation  was 
thrown  out,  at  that  time,  of  an  intention  on  the  part  of  this  govern- 
ment, to  give,  in  writing,  its  objections  to  our  ]»ropusitions;  instead 
of  which  more  just  views  of  them  would  happily  seem  to  have  risen 


up 


>» 


Extract  of  a  letter  from  Mr.  Rush  to  the  Secretary  of  State,  dated 

London,  Jugiist  2Sth,  1818. 

"Mr.  Gallatin  got  here  on  the  IGth  of  this  montlf.  On  the  follow- 
ing day,  I  addressed  a  note  to  L«)rd  Castlcreagli,  announcing  his  ar- 
rival. His  Lordship  was  at  his  country  seat,  thirteen  mules  from 
London,  but  invited  us  to  an  inforn  il  conference  there  oirthe  22d. 
We  went  accordingly,  and  remained  all  night.  Nothing  could  have 
been  more  cordial  than  the  reception  given  to  us.  Mr.  Robinson  and 
Mr.  Goulburn  were  present.  The  several  siibjccts  of  the  negotia- 
tion were  talked  over  in  general  terms,  and  in  a  s[»irit  which,  we 
think,  promises  well  for  tlie  friendly  manner  in  whicli,  at  all  events, 
it  will  be  conducted. 
11 


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82 


[  71  ] 


The  full  powers  of  Mr.  Robinson  and  Mr.  Goiilburn  having,  in 
the  mean  time,  been  made  out,  our  first  otticial  meeting  took  place 
yesterday,  at  the  O Hi ce  of  the  Board  of  Trade.  Nothing  of  im|)or- 
tauce  passed,  beyond  a  recapitulation  of  the  points  which  the  two 
governments  desire  to  bring  into  discussion,  and  some  attempts  to 
settle  the  order  in  which  the  negotiation  should  proceed.  The  points 
consist  of  all  such  as  have  been  given  in  charge  to  us,  and  which  have 
been  heretofore  mentioned  in  my  des|»atches,  including  impressment^ 
and  other  maritime  questions  incident  to  a  state  of  war 

I  content  myself  at  present,  with  stating,  thus  geneially,  for  the 
President's  information,  that  the  negotiation  has  opened.  What  re- 
lates to  its  progiess,  will,  I  presume,  no  longer  be  expected  from  mc 
singly,  but  in  joint  communications  with  Mr.  Gallatin. 

I  ought  not  to  omit  to  mention,  that  the  point  of  impressment  was 
brought  forward  by  Lord  Castlereagh,  at  the  first  interview,  held  at 
his  house  on  the  22d.     The  next   meeting   takes  )»!a<  <■  to-morrow. 

There  are  some  of  the  points  which  must  stand  still  until  we  arc 
in  possession  of  our  further  instructions." 


Extract  of  a  letter  from  Mr.  Rush  to  the  Secretari/  of  Slate,  dated 

London,  October  12</t,  1818. 

"  At  the  joint  meeting  which  took  place  on  the  ninth,  nothing  de- 
cisive was  determined  upon.  Premising  that  no  opinion  which  I 
give  at  this  stage  of  the  negotiation  must  he  taken  as  at  all  binding, 
1  will  barely  say,  tliat  I  think  the  prospect  of  coming  to  any  agiec- 
ment  on  an  article  regulating  our  trade  with  the  West  Indies,  grows 
nmre  and  more  faint.  We  are  to  have  another  conference  to-mor- 
row." 


Extract  of  a  letter  from  J/r.  Rush  to  the  Secrelury  of  State,  dated 

London,  October  IDth,  1 818. 

**  I  hasten  to  communicate  to  you,  for  the  information  of  the  Pre- 
sident, that,  at  a  conference  we  have  this  day  had  with  the  British 
Plenipotentiaries,  from  which  I  have  just  returned,  it  has  been  agreed 
to  conclude  a  treaty,  comprehending  an  arrangement  of  the  following 
points: 

1st.  The  fisheries.  2d.  The  northwestern  boundary  line.  3d.  That 
about  Columbia  river.  4th.  The  question  (»(' slaves;  and  5th.  A  re- 
newal, for  ten  years,  of  the  present  commeicial  convention. 

riie  treaty  will  probably  be  reduced  to  form  and  signed  to-mor- 
row." 


[71  J 


83 


Uilcd 
818. 
e  Pre- 

lowhig 

1.  That 
A  re- 

lo-mor- 


Mr.  Rush  to  the  Secretary  of  State* 

I<OKDON,  October  Z7,  1818. 

Sir:  I  had  the  honor  to  write  you  a  few  lines  on  the  19th  instant, 
and  immediate!)'  forwarded  them  in  triplicate  to  tlie  Consul  at  Liver- 
pool, to  be  sent  off  by  the  earliest  ships,  to  say  that  we  had  on  that 
day  agreed  to  sign  a  treaty  with  the  British  plenipotentiaries  on  the 
points  which  1  enumerated.  It  was  signed  on  the  20th.  The  joint 
despatch  from  Mr.  Gallatin  and  myself  bearing  date  on  tiie  same 
day,  giving  an  account  of  the  whole  progress  «>f  the  negotiation, 
was,  together  with  the  convention  itself,  and  all  the  accompanying 
documents,  forwarded  from  hence  to  Liverpool  on  the  24th. 

After  consulting  with  Mr.  Gallatin,  I  did  not  feel  at  liberty  to 
employ  a  special  messenger  to  be  the  bearer  of  the  convention,  trust- 
ing to  the  ordinary  opportunities  by  our  merchant  vessels,  which  are 
so  constant,  and  in  general  so  sale.  I  accompanied  the  packet  with 
a  special  letter  to  Mr.  Maury,  apprizing  him  of  the  importance  of 
committing  it  to  hands  that  were  trust-worthy,  and  with  directions 
that  it  should  be  delivered  to  the  j»ost  master  at  NewYork,  or 
wherever  else  the  ship  may  ari'ive,  without  any  delay.  It  will  thus, 
I  hope,  reach  Washington  with  all  expedition  and  safety.  On  the 
side  of  the  British  plenipotentiaries,  a  special  Secretary  was  em- 
ployed for  the  business  of  this  negotiation.  On  ours,  Mr.  Smith  ha!^ 
acted;  a  circumstance  which  is  alluded  to,  only  that  I  may  add,  how 
unremitting  has  been  his  attention,  and  how  useful  his  services.  Mr. 
Gallatin  set  out  on  his  return  to  Paris,  on  the  morning  of  the  22d. 
IJiiplicates  of  the  convention,  the  despatch,  and  all  the  other  papers, 
will  be  transmitted  at  the  earliest  moment  that  they  can  be  copied. 

Alter  what  is  said  in  your  despatch  of  the  28th  .if  July,  to  the 
joint  mission,  respecting  Judge  Wallace's  decree,  on  the  29th  of  Au- 
gust, 1817,  at  Halifax,  in  the  cases  of  the  captured  fishing  vessels, 
it  is  proper  I  should  state,  that  I  have  been  informed,  by  Mr.  Slade, 
in  a  note  (»f  the  14th  ofrbiH  nionth,  that  no  appeal  has  been  entered, 
by  tlie captors,  from  the  Heutoi*^«»s  of  lestitution;  and  that,  tho  time 
having  now  goae  by,  allowed  bv  the  practice  of  the  A<lmiralty  for  en- 
tering appeals,  none  <  an  be  entered.  He  adds,  that  as  the  owners  of 
the  vessels  were  oblii^ed  to  give  bail,  at  Hiiiil'ax.  to  answer  the  ap- 
jiealH,  it  is  possible  that  they  may  also  have  been  made  to  place  coun- 
ter security  in  the  hands  of  the  bail;  in  which  case,  the  baiJ  may 
refuse  to  part  with  such  security,  without  a  desertion  from  the  Appel- 
late Court  here;  tliat  is,  a  decree  that  the  Appeals  had  not  been  pro- 
secuted, and  that  the  origsial  sentence  slioulil  be  carried  into  effect. 
But  as  such  a  decree  would  he  attended  with  expense,  he  does  not  ad- 
vise it,  for  the  present.  In  the  event  of  its  becomittg  necessary  to 
the  owners,  they  should  be  informed  that  they  cannot  have  the  bene- 
fit of  it,  until  olfice  copies  of  the  decrees  of  restitution,  at  Halifax, 
are  first  forwarded.  Mr.  Slade  is  the  proctor  whom  I  employed, con- 
tingently, to  give  atteiitit»n  to  these  cases,  as  mentioned  in  my  des- 
patch ot'tho  2 1. St  of  March. 


"4 


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84 


[71  J 


11^ 


i  ^ 


From  the  instructions  of  the  28th  of  July,  I  infer,  that  govern- 
ment contemplated  hrcoming  instrumental  to  the  solemn  argument  of 
the  great  question  of  right  under  the  treaty  of  '83,  only  in  the  event 
of  no  article  respecting  the  fisheries  heing  agreed  upon.  As  one 
has  been  signed,  I  design  to  take  no  further  steps  on  this  head,  should 
the  convention  be  ratified,  without  further  instructions  from  the  De- 
partment. I  mention  this,  perceiving,  from  the  newspapers,  that 
there  have  been  fresh  captures  of  our  fishing  vessels  during  the  last 
season,  followed  by  sentences  of  condemnation,  from  which,  appeals, 
on  the  part  of  the  claimants,  may,  I  take  it  for  granted,  be  antici- 
pated. 

With  very  great  respect, 

I  have  the  honor-  to  he,  &c. 

RICHARD  RUSH. 


*Vr.  Mams  to  Jilessrs.  Gallatin  and  Rush. 


Department  or  State, 

It'ashingtoUf  2rf  J^ovembeVf  1818. 

Gewtlemex:  From  the  despatches  which,  since  I  last  had  the 
honof  of  writing  to  you,  have  been  received  at  this  Department,  from 
Mr.  kush,  dated  the  24tli  and  26th  of  June,  and  the  15tli  of  August, 
it  appears  that  there  are  two  subjects  likely  to  he  brought  un- 
der consideration  in  your  conferences  with  the  British  plenipotentia- 
ries, which  were  notc()iitcm|>lated  by  the  President,  at  the  time  when 
yoiif  former  instructions  were  prepared — impressment,  and  thj  slave 
trade. 

Impressment. 

In  the  notes  No.  1  and  2,  delivered  bv  Mr.  Rush  to  Lord  Castle- 
reagh,  the  first  on  the  IHth  of  April,  and  the  second  oji  the  2()tli  of 
June,  both  the  offeis  had  been  made  to  the  British  government,  war- 
ranted by  !»is  fitrmer  instructions,  of  le,a;islative  measures  for  exclud- 
ing British  seamen  from  the  naval  and  mercliant  service  of  the  Unit- 
ed States,  on  condition  of  a  formal  stipulation  on  the  part  of  Great 
Britain,  that  the  im|nessinent  of  nien  iVom  the  vessels  of  the  United 
States  shall  henceforth  cease. 

Both  these  proposals,  at  tire  time  wlicn  they  were  oflered,  or  short- 
ly afterwards,  had  been  rejected,  with  an  intimation  from  Lord  Cas- 
tlerea^yli  in  Mr.  Riiwh,  in  tlie  latter  instance,  tliat  the  objections  of 
the  Bi'irisli  cabinet  itgainstthem  would  be  presented  in  writirrg. 

Aiieiwaids,  however,  on  tiie  14th  of  Arrgu.-t.  lie  expressed  hiswil- 
liiii;iie.is  that  the  subject  should  be  taken  up  in  the  proposed  negotia- 
tion of  a  <:oiniHcrcial  tr-oaty,  and  avowed,  as  aii  opinion  of  his  owrr, 
upon  which  he  had  indeed  not  consulted  with  his  colleagues  in  the 
cairinet,  that  thesi"  pi-oposals  n)iij,lii,  witli  certain  rnodilications,  v  lich 
he  tljougut  very  important  to  Great  Britain,  and  of  little  moment  to 


tui 

SCi 


[71  ] 


as 


> 


the  essential  object  of  the  United  States,  be  rendered  acceptable. 
These  were:  I.  That  the  treaty  containing  the  stipulation  should  be 
limited  to  a  duration  of  ten  or  twelve  years,  with  liberty  to  each  par- 
ty to  be  absolved  from  its  stipulations,  on  a  notice  of  three  or  six 
moutlis.  2.  That  the  British  boarding  officer,  entering  American 
ships  at  sea,  for  a  purpose  justified  under  the  laws  of  nations,  should 
have  the  liberty  of  calling  for  a  list  of  the  crew,  and,  if  he  saw  a  man 
whom  he  knew,  or  suspected  of  being  an  Englishman,  he  should,  with- 
out taking  the  man,  have  the  privilege  of  making  a  record,  or  proces 
verbal  of  the  fact,  to  be  presented  to  the  consideration  of  the  Ameri- 
can government. 

These  suggestions  have  received  the  fullest  and  most  deliberate 
consideration  of  the  President,  ^^ith  the  earnest  disposition,  on  his 
part,  to  view  them  in  the  most  favorable  light.  He  welcomes  them, 
especially,  as  the  first  indicatioi:soi'  a  consciousness  in  the  British 
cabinet  that  the  permanency  of  pea.'e  between  the  two  countries  is 
utterly  incompatible  with  the  resumi)tion  of  the  practice  of  impres- 
sing men  from  our  vessels  on  the  high  seas:  A  conviction  so  pro- 
foundly impressed  upon  his  own  mind,  that  he  scarcely  thinks  any  dis- 
couragement could  justify  a  remission  of  our  efforts  to  remove  this 
inevitable  cause  of  future  collisions,  so  long  as  the  practice  hitherto 
persevered  in  shall  continue  to  exist. 

It  is  readily  agreed  that  the  troaty  to  contain  the  stipulation  sliall 
be  limited  in  duration,  to  eight,  ten,  or  twelve  yearsj  but  that  either 
party  should  have  the  liberty  of  putting  an  end  to  the  whole  treaty, 
by  a  notice  of  three  or  six  months,  would  seem  to  place  the  whole 
commercial  relations  between  the  two  countries,  upon  too  precarious 
a  foundation.  Some  of  the  stipulations  proposed  in  your  negotiatii  n 
are,  in  ttieir  nature,  intended  to  be  permanent,  even  iti  tlie  event  uf  a 
war;  others  wotild  require  legislative  rf  julations  to  protect  interests, 
whici)  would  be  deeply  aflccted  by  the  ;,uddon  termination  of  the  trea- 
ty. I'he  President,  nevertheless,  authorizes  you  to  agree,  tiiat,  be- 
sides the  general  limitation  of  the  temporary  articles  of  the  treaty  to 
eight,  ten,  or  twelve  years,  either  party  sliall  be  at  liberty  to  dis- 
solve them  after  a  notice  of  two  years  given  to,  and  jeceived  by,  the 
other;  or,  if  preferable  to  the  British  governnu'nt,  the  article  rela- 
tive to  impressment  may  be  made  a  separate  article,  distinct  from 
the  rest  of  the  treaty,  and  limited  to  a  term  of  four  years.  This 
course  would,  indeed,  he  most  convejiient,  as  it  would  give  us  the  op- 
portunity of  taking  the  sense  of  the  Senate  ujnm  it,  witiiout  iniplirat- 
ing  it  with  the  other  parts  of  the  treaty.  Our  ititenticm  and  expecta- 
tion is,  that,  the  prarlice  of  taking  men  fVion  our  ships  being  once  for- 
mally renounced  by  lircat  Britain,  she  will,  in  point  of  fact,  never 
recur  to  it  again. 

if  the  intention  of  Lord  Castlereagh  was,  tliat  this  right  of  dis- 
solving the  compact,  by  a  notice  (»f  tliire  or  six  months,  should  ap- 
ply only  to  rhe  article  against  impressment,  its  acceptance  is  objec- 
tionable on  other  grounds.  Tlie  engagement  to  exclude  all  British 
seamen  from  our  sea  service,  will  operate,  immediately  from  its  com- 


w 


fm 


Hi 


f'       ': 


':  f  ' 

I  '■■ 
i'  ■ 


86 


[71] 


mcnccmcnt,  with  some  inconvenience  to  our  merchants.  Since  the 
peace,  and  the  disjiersion  of  the  vast  ninnher  of  seamen  dishatided 
from  the  British  navy,  there  are,  no  doubt,  considerable  numbers  of 
them  who  have  found  employment  on  board  of  our  vessels;  and  their 
exclusion  from  them  will  not  he  accomplished  without  some  incon- 
venience. The  eflfect  of  the  stipulation  of  Great  Britain,  to  take  no 
men  from  our  vessels,  is  remote,  and  contingent  upon  the  event  of 
her  being  engaged  in  a  maritime  war  with  other  powers.  The  one- 
rous part  of  the  engagement,  is,  therefore,  to  us,  immediate  and  cer- 
tain; the  benefit  to  be  derived  from  it.  distant  and  eventual.  If  to 
this  apparent  inequality  shorld,  be  added,  a  power  reserved  by  Great 
Britain,  to  cancel  the  bart^ai  by  a  simple  notice  of  three  or  six 
montlis,  we  could  scarcely  -fmsider  it  as  a  contract.  It  would  be  a 
positive  cinicession  and  ski  a  re,  on  our  part,  for  the  mere  chance  of 
a  future  equival.  >i  'on  it^  aHogether  dependant  upon  the  will  of  the 
other  party.  '^  itorrsiitiv  s  now  propf)sed,  it  is  hoped,  will  an- 
swer the  purpos  ticH;!*  fl,  hy  the  expedient  suggested  by  Lord  Cas- 
tlereagh,  witliout  l;  iji.ii.  «<i;j5iMy  liable  to  the  diihculties  which  arrost 
our  assent  to  it,  otii  rve'iHr:  J  .:iij  as  thus  modified.  It  would  als^j  be 
desirable,  that  the  conun«MU>'nu>nt  of  the  engagement  to  exclucU-  Bri- 
tish seamen  should  be  jiostponed  lor  some  time,  say  to  the  1st  of 
October,  1 B20,  that  a  sufficient  notice  may  be  given  to  the  merchants 
and  mariners  whose  interests  will  be  aftected  by  it. 

The  second  {»roposal,  that  British  officers,  entering  our  merchant 
vessels,  for  j)Ufposes  warranted  b.v  the  law  of  nations,  shall  he  au- 
thorized to  chII  for  the  list  of  the  crew,  and  if  they  should  find,  or 
susjicct,  an  Englishman  to  be  on  board,  make  a  record  of  the  fact, 
for  the  purpose  ot  remonstrance  to  the  goverrmient  of  the  United 
States,  is,  in  the  view  of  the  President,  still  more  objectionable.  In 
the  first  place,  the  distrust  which  it  implies,  that  the  laws  for  exclud- 
ing British  seamen  will,  tlujugii  stipulated,  not  be  faithfully  ex- 
ecuted, is  not  warranted  by  any  exoiiience;  nor  can  this  govern- 
ment give  couiitenanrc  to  it,  by  assci/iiug  to  any  stipulation  which 
would  be  cousiileied  as  resulting  foni  it.  If  the  United  States  bind 
then)selves  to  this  cxclusioM,  they  ill  sincerely  and  .aithfi;!!}  carry 
it  into  execution.  It  was  not  expressly  asked  by  Lo-(*  Castlcreagh 
in  liis  proposal,  as  re()oite(l  by  Mr.  Rush,  that  the  o|i;cor,  in  calling 
for  the  shij)ping  paper-,  should  ;iisu  have  the  power  oi"  mustering  the 
crew,  to  examine  theuj  hy  c»r.*,»iiei'U)n  with  the  list;  Imt  as  the  mere 
view  of  the  list  would  lie  nsel«'ss.  nnlfss  coupled  with  that  power,  we 
consider  it  as  liaviMg  heen  intentkil  to  he  included  in  the  proposal; 
and  this  \ery  insiK-iatonof  the  crrasofonr  vess<'ls,  hy  a  foreign  offi- 
cer, has  !>e*ii  Itnud  among  {lie  most  insulting  and  grievous  aggrava- 
tions oitiie  pra<iice  of  iripi-essincnt.  Besides  this,  the  tendency  of 
^urh  an  e^aiTtitnition.  \n  "vciy  singh*  MistaJice.  would  ho,  to  produce 
alterciktio  >  between  the  British  officer  and  Iho  oonnnander  of  the  A- 
oirrican  vessel.  If  the  ollicer  shouhl  hv  aulhcu-ized  to  make  a  record 
•t  ids  »!ispiL:loii  s,  tit"  m  ister.  on  his  side,  and  the  suspected  seamen, 
•nust,  ei  courvfj,  ha\e  llic  [)iivi!ego  of  making  theiv  counter  recoi'd; 


m 


^ 


nd,  or 
le  (art. 
United 
e.     In 
cxrlud- 
lly  ex- 
rovern- 
whicli 
:es  bind 
carry 
ciTai^li. 
calliiig 
ini^  tlic 
ic  more 
AC  I',  we 
oposal; 
jy;!i  otli- 
[grava- 
fniy  of 
roduce 
the  A- 
roooid 
^amen, 
lecoi'd; 


i)  i 


I  71   ] 


67 


and  as  there  would  be  no  tribunal  to  judge  between  them,  the  pro- 
bablr  uitiinatr  lesult  could  be  no  other  than  that  of  exciting  irritation 
brtween  the  iwo  nations,  and  fractious  discussions  between  the  gov- 
er  inents. 

If  the  engagement  to  exclude  British  seamen  from  our  service 
should  fail  of  being  executed  to  an  extent  worthy  of  the  slightest  at- 
tention of  the  British  government,  they  could  not  avoid  having  no- 
tice of  it,  by  proofs  more  effectual  and  more  abundant  than  could  bo 
furnished  by  this  sort  of  scrutiny;  a  failure  of  execution  on  our  part 
to  any  such  extent,  would  give  them  not  only  the  rigiit  of  remonstiat- 
ing  to  ours,  but  even  of  cancelling  their  obligation  within  a  lapse  of 
time,  which  must  guard  them  against  the  danger  of  any  material 
national  injury.  We  have  the  fullest  confidenre  that,  if  the  engage- 
ment on  both  sides  he  once  contracted.  Great  Britain  will  thencelor- 
ward  hav«^  no  lawful  or  even  plausible  motive,  either  for  wishing  it 
cancelled,  or  for  inspecting  the  crews  of  our  vessels  in  search  of 
men. 

Slave  Trade. 

The  President  desires  that  you  would  make  known  to  the  Britlsli 
government  his  sensibility  to  the  friendly  spirit  of  confidence  with 
which  the  treaties  lately  contracted  by  Great  Britain  with  Spain, 
Portugal,  and  the  Netherlands,  and  the  legislative  measures  of 
Paiiiament  f«)unded  upon  them,  have  been  communicated  to  tills  go- 
vernment, and  the  invitation  to  the  United  States  to  Join  in  the  same, 
or  similar  arrangments,  has  been  given.  He  wishes  you  also  to  give 
the  strongest  assurances  tliat  the  soli  itudc  of  the  United  States  for 
the  accomplishment  of  the  common  object — tlic  total  and  final  ab<tli- 
tion  of  that  odious  tratlic,  continues  with  all  the  earnestness  which 
has  so  long  and  so  steadily  distinguislicd  the  course  of  tlieir  policy, 
in  relation  to  it.  As  an  evidence  of  this  earnestness,  lie  requests  you 
to  communicate  to  them  a  copy  of  the  act  of  Congress  of  tiie  last 
Session,  in  addition  to  tlie  act  of  1807,  to  prohibit  the  importalion 
of  Slaves  into  tiie  United  States:  (^acts  of  the  last  Session,  chap.  80, 
p.  81,)  and  to  declare  the  readiness  of  this  government,  within  their 
constitutional  powers,  to  adopt  any  further  measures  which  experi- 
ence may  prove  to  be  necessary  for  the  purpose  of  obtaining  so  de- 
sirable an  end. 

But  yoa  will  observe,  that  in,  examining  the  provisions  of  the  trea- 
ties communicated  by  Lord  Castlereagh,  all  their  essential  articles 
appear  to  be  of  a  character  not  adaptable  to  the  institutions  or  to 
the  circumstances  of  the  United  States. 

The  power  agreed  to  be  reciprocally  given  to  oRrcers  of  the  shijis 
of  war  of  either  party  to  enter,  search,  capture,  and  carry  into  port, 
for  adjudication,  the  mercliant  vessels  of  the  otiier,  however  qualifi- 
ed and  restricted,  is  most  essentially  connected  with  the  institution, 
by  each  treaty,  of  two  mixed  courts,  one  of  wliir.h  to  i-eside  in  Th«^ 


f  I 


:i-t  r^ 


[71] 


•:«' 


.(  y  I 


external  or  colonial  possessions  of  each  of  the  two  parties  respective- 
ly. This  part  of  the  system  is  iiidisperisahlc  to  give  it  that  character 
of  reciprocity  without  which  the  right  granted  to  the  armed  ships 
of  one  nation,  to  search  the  merchant  vesscl<)  of  another,  would  be 
rather  a  mark  of  vassalage  than  of  independence.  But  to  this  part 
of  the  system,  the  United  States,  having  no  colonies  either  on  the  coast 
of  Africa  or  in  the  West  Indies,  cannot  give  effect. 

You  will  add,  that,  by  the  constitution  of  the  United  States,  it  is 
provided,  the  judicial  power  of  tlie  United  States  shall  be  vested  in  a 
supreme  court,  and  in  such  inferior  courts  as  the  Congress  may,  from 
time  to  time,  ordain  and  establish.  It  provides  tliat  the  jud.s;es  »>♦* 
these  courts  shall  hold  tlieirottices  during  good  behaviour;  and  that 
they  shall  be  removable  by  impeachment  and  conviction  of  crimes  or 
misdemeanors.  There  may  be  some  doubt  whether  the  power  of  the 
go\ernnientof  the  United  States  is  competent  to  institute  a  court,  for 
carrying:  into  execution  their  penal  statutes  beyond  the  territories  of 
the  United  States,  a  cniut consisting  partly  t)f  foreign  judges,  not 
ainirtaljle  to  iinprachmcnt  tor  corru|)tion,  and  deciding  upon  the  sta* 
tutes  of  the  United  Starts  without  appeal. 

'I'liat  the  disposal  of  the  negroes  found  on  board  the  slave  trading 
vessels  which  might  be  condemned  by  the  sentence  of  these  mixed 
courts,  cannot  be  carried  into  effect  by  the  United  States;  for,  if  the 
slaves  of  a  vessel  condemned  by  the  mixed  court  should  be  delivered 
over  to  tlie  government  of  the  United  States  as  freemen,  they  could 
not,  hut  by  their  own  consent,  be  em[)loyed  as  servants,  or  free  la- 
borers. The  condition  of  the  blacks  being,  in  this  union,  regulated 
by  the  municipal  laws  of  the  separate  states,  the  government  of  the 
United  estates  can  neither  guaranty  tlieir  liberty  in  the  states  where 
they  could  only  be  receivctl  as  slaves,  nor  control  them  in  the  states 
wliere  they  would  be  recognised  as  free. 

That  the  admission  of  a  right  in  the  officers  of  foreign  ships  of  war 
to  enter  and  search  the  vessels  of  the  United  States  in  time  of  peace, 
under  any  circumstances  whatever,  would  meet  with  universal  re- 
pugnance in  the  public  opinion  of  this  countiy.  That  theie  would  be 
no  prospect  of  a  ratification  by  advice  and  consent  of  the  Se\uite,  to 
any  stipulation  of  that  nature.  Tliai  the  search  by  foreign  officers, 
even  in  time  of  war,  is  so  obnoxious  to  the  feelings  and  recollections 
of  this  country,  that  notiiing  could  reconcile  them  to  the  extensi(m  of 
it,  however  qualified,  or  restricted  to  a  time  of  peace.  And  that  it 
^vould  be  viewed  in  a  still  more  aggravated  light,  if,  as  in  the  treaty 
\vith  the  Netherlands,  connected  with  a  formal  aiiinission  that  even 
vessels  under  convoy  of  sliips  of  war  of  their  own  nation  should  be 
liable  to  search  by  the  ships  of  war  of  anotlier. 

You  will,  therefore,  express  the  ngi-et  of  tlic  President,  that  the 
stipulations  in  the  treaties  Cirinuiniicuteil  by  Lord  Castlerea^h  are 
of  a  character  to  which  the  peculiar  siiiialion  ;iiid  institutions  of  the 
United  States  do  not  permit  tliem  to  accede.  I'hc  constitutional  ob 
jection  may  be  the  more  readily  unilcrstood  by  the  British  Cabinet, 
if  they  are  renundod  tiiat  it  wius  an   obstacle  proceeding  from  the 


cctive- 
u-arter 

1  ships 
jul«l  be 
lis  part 
le  coast 

cs,  it  is 
ted  in  a 
,y,  from 
id^es  "** 
mil  that 
rimes  or 
r  of  the 
oint,  for 
torics  of 
ges,  not 
tlie  sta- 

2  trading 
=16  mixed 
■or,  if  the 
delivered 
licy  could 
!•  free  la- 
I'cgulated 
ent  ofthc 
PS  whore 
the  states 

ips  of  war 
of  peace, 
Iveisal  re- 
wouhl  he 
>e\u\te,  to 
III  officers, 
lollections 
icnsion  of 
l,ul  that  it 
he  treaty 
Ithat  even 
should  he 

that  the 
Ircagli  are 

)us  of  the 
iional  oh 

Cahinct, 

from  the 


[71] 


89 


same  principle  which  prevented  Great  Britain  from  becoming,  for- 
mally, a  party  to  the  Holy  Alliance:  neither  can  they  be  at  a  loss  to 
perceive  the  embarrassment  under  which  we  should  be  placed,  by  re- 
ceiving cargoes  of  African  negroes,  and  be  bound  at  once  to  guaran- 
ty  their  liberty,  and  to  employ  them  as  servants.  Whether  they  will 
be  as  ready  to  enter  into  our  feelings,  with  regard  to  the  search,  by 
foreign  navy  lieutenants,  of  vessels  under  convoy  of  our  own  naval 
commanders,  is,  perhaps,  of  no  material  importance,  l^he  other 
reasons  are  presumed  to  be  amply  sutllcient  to  convince  them  that 
the  motives  for  declining  this  overture  are  compatible  with  an  ear- 
nest wish  that  the  measures,  concerted  by  these  treaties,  may  prove 
successful  in  extirpating  that  root  of  numberless  evils,  the  traHic  in 
human  blood;  and  with  the  determination  to  co-operate,  to  the  ut- 
most extent  of  our  pawers,  in  this  great  vindication  of  the  sacred 
rights  of  humanity. 

JOHN  QUINCY  ADAMS. 


Extruct  of  a  letter  from  Mr.  Rush  to  the  Secretary  of  StatCf  dated 

London,  December  Sth,  1818. 

"  The  despatch  of  the  second  of  November,  addressed  to  Mr. 
Gallatin  and  myself,  arrived  here  on  the  6th  instant. 

Of  the  subjects  to  which  it  relates,  viz.  impressment  and  the  slavo 
trade,  the  Department  will  have  been  long  since  informed,  by  our 
Joint  communications,  that  only  the  former  had  a  place  in  the  late 
negotiation.  As  we  came  to  no  agreement  on  it,  I  am  happy  to 
think  that  none  of  the  expectations  of  the  President  will  iiave  been 
departed  from.  It  will  also  have  been  seen,  that,  liatl  this  despatch 
reached  us  before  the  negotiation  closed,  although  it  would  have  af- 
fected our  conduct  on  one  of  the  points,  the  result  would  have  been 
the  same.  1  design  to  transmit  a  co])y  of  it  to  Paris,  for  Mr.  Gal- 
latin's information." 


Extract  of  a  letter  from  Mr.  Mams  to  Mr.  Rush,  dated 

Department  of  State, 

ff'ashington,  1st  December,  1818. 

Vour  despatches,  to  No.  36,  inclusive,  have  been  received  at  this 
office.  Of  tlie  various  subjects  to  wliich  they  relate,  and  wliich  ap* 
pear  to  require  particular  notice,  I  propose  now  to  take  a  review, 
according  to  the  successive  order  of  their  dates. 

The  first  is  No.  22,  dated  J  9th  June,  and  enclosing  your  corres- 
pondence with  Lord  Castlerea,2:Ii,  relative  to  a  jmssagein  a  printed 
report  of  a  Committee  of  the  House  of  Representatives  of  the  Unit- 
ed States,  to  that  body,  meiitioiiitii!:  t!ir.  rcji-clioii,  by  tlie  President, ul' 


%   lA 


I 


Vi'\ 


W 


Li» 


f 


8U 


[71] 


IN 


the  four  articles  which  had  hcen  proposed  hy  the  British  government 
»H  additions  to  the  Commercial  Convention  of  3d  July,  1815,  and 
approving  that  rejection,  upon  an  idea,  entertained  by  the  Comnirt- 
tco,  that  the  fourth  of  those  articles  would  have  interfered  with  the 
settled  policy  of  the  United  States  in  relatiou  to  the  Indians  within 
their  limits.  This  remark  of  the  Committee,  appears  to  have  affect- 
ed the  sensibility  of  the  Hritish  cabinet,  upon  two  grounds:  first,  as 
they  considered  that  the  rejection  <»f  those  articles  had  not  been  pre- 
viously communicated  to  them;  and,  secondly,  because  they  thought 
the  article  in  question  did  not  bear  the  construction,  and  they  expli- 
citly disclaimed  the  intention  that  it  should  bear  such  a  construction^ 
«s  the  committee  of  Congress  had  thought  ap|)licablc  to  it. 

With  regard  to  the  first  point,  the  explanation  which  ensued  be- 
tween you  and  Lord  Castlereagh,  a])|)ears  to  .have  placed  it  in  the 
proper  point  of  view.  The  articles  had  been  presented  to  your  pre- 
decessor as  embracing  the  utmost  extent  which  the  British  govern- 
ment would  consent  to  give  to  our  commercial  intercourse  with  their 
colonial  possessions  in  this  hemisphere.  Bel'orcyour  departure  from 
this  country ,  the  President  had  made  up  his  mind  not  to  accept  them, 
and  your  instructions  had  autiioiized  }(mi  to  make  this  determination 
ki;o\\n  to  the  British  government  in  tlie  manner  which  it  was  sup- 
posed would  be  most  friendly  and  conciliatory,  llie  articles  had 
been  delivered  without  any  accompanying  document,  note,  or  com- 
mentary, and  as  it  was  not  btJicved  iicre  th<>t  tliey  could,  under  any 
modification,  be  made  tiie  basis  of  an  arrangement  between  the  two 
governments,  upon  the  subject  to  which  they  relate,  and  as  it  was 
given  us  explicitly  to  understand  that  Great  Britain  could  concede 
:../!  ■  .,  ;•»  of  relaxations  to  her  colonial  and  navigation  system, 
ji  .  ;  >'.'.  t  useless  to  enter  into  discussion,  of  which  there  was  no 
.  osp  .  liri.  ii  would  terminate  in  agreement,  and  which  might  tend 
i  I. .  A.  ,  and  tliat  the  most  inoH'ensive  manner  of  communicating 
the  Aon  ■a(  ceptance  of  the  articles,  would  be,  verbally,  in  a  personal 
interview  between  yourself  and  Lord  Castlereagh.  On  reference  to 
your  report  of  youi-  fust  conference  with  him,  on  the  tliird  of  Janu- 
ary, it  appeals  tiiat  the  part  of  your  instrut tions  to  which  I  allude, 
was  then  executed;  and  that,  without  using  the  unaccommodating 
term  of  rejection,  you  communicated  to  him  the  disposition  of  the 
President,  with  regard  to  the  four  articles,  in  a  manner  altogether 
congenial  to  the  s|)irit  of  that  formula  of  the  British  constitution,  by 
which  the  dissent  of  the  crown  issignilied  to  an  act  which  has  passed 
both  H»)uses  of  Parliament.  Le  Roy  s'avisera.  There  was,  indcnl, 
so  little  of  ambiguity  in  the  intimations  given  by  you  at  that  iime, 
that  when,  before  the  receijjt  of  your  despatch.  Mo.  22,  Mr.  Bagot 
came  to  me  with  a  copy  of  Lord  Castlereagh's  note  to  you  of  29th 
May,  which  had  been  sent  to  him,  I  rerun ed  iniinediately  to  the  file 
of  your  despatches,  and  read  to  him  that  part  of  your  report  of  what 
pass(d  between  you  and  Lord  Castlereagh,  at  your  conference  on  the 
third  of  JatMiary,  observing  to  him,  that  I  had  liUle  imagined,  after 
that  disclosure  of  the  i'resident's  sentiments  concerning  ihe  four  ar- 
ticles, thar  tlse  British  government  wmiid  have  expected  any  further 
reference  to  them  on  the  part  of  tiic  United  States. 


[71 -J 


9i 


rninent 
15,  and 
omniit- 
vith  the 
witliin 
;  affect- 
first,  as 
jen  p  re- 
thought 
y  expli- 
ruction, 

lued  be- 
;   in  the 
our  pre- 
govern- 
i'th  their 
ui'C  from 
?l)t  them, 
niination 
was  sup- 
icles  had 
,  or  com- 
inder  any 
»  the  two 
as  it  was 
concede 
system, 
re  was  no 
ight  tend 
unicating 
personal 
erence  to 
I  of.Tanu- 
I  allude, 
modating 
Ion  of  the 
iltogcther 
tution,  by 
as  passed 
s,  indc?d, 
that  iime, 
r.  Bagot 
ni  of  29th 
0  the  lilc 
rtof  what 
nee  on  the 
lied,  after 
four  ar- 
jy  further 


, 


A  copy  of  thp  four  articles  was  furnished  to  the  committee  of  the 
liouHP  of  Representatives,  charged  with  the  duty  of  reporting  to  the 
Mouse  upon  the  state  of  the  commercial  relations  between  the  United 
States  and  the  British  West  Indies.  That  committee  drew  their  own 
conclusions  upon  the  probable  operation  of  the  articles,  and  particu- 
larly of  the  fourth.  They  were  communicated  to  them  without  com- 
ment, on  the  part  of  the  Executive.  They  knew  the  articles  had  not 
been  act'epted,  but  the  reasons  of  the  non-acceptance  had  not  been 
stated  to  them.  It  is  true,  that  the  article  was  the  same,  which,  at 
the  negotiation  of  the  commercial  convention  of  July,  1815,  had 
been  offered  by  the  British  pleni|)otentiaries;  that  the  objection  to  it, 
now  suggested  by  the  committee,  had,  at  that  time,  been  avowed  by 
those  of  the  United  States;  that  the  British  Plenipotentiaries  did  then 
disclaim  the  intention  of  giving  it  a  construction  which  would  import 
the  admission  of  British  traders  to  any  intercourse  with  Indians 
within  the  territories  of  the  United  States;  and  did  offer  to  intro- 
duce into  the  article  any  words  which  might  be  necessary  to  guard 
it  against  that  construction;  and  that  the  article  was  then  finally  de- 
clined upon  another  ground.  But  the  same  reason  for  declining  it 
still  subsists,  and  is  now  as  operative  as  it  was  in  1815;  and,  if  it 
did  not  occur  to  the  committee,  it  was  because  the  other,  being  more 
obvious  upon  the  face  of  the  article,  as  jircsented  to  them,  doubtless 
struck  them  more  forcibly,  as  of  itself  decisive,  and  nee<liug  no  fur- 
ther notice  of  objections  less  important,  though  not  less  insuperable. 

In  the  negotiation  with  which  you  are  now  occupied,  for  the  le- 
newal  and  extension  of  that  compact,  we  have  not  altogether  aban- 
doned the  hope,  that  the  British  cabinet  will,  ultimately,  (oiicede  some- 
thing further  of  principle;  and,  if  this  article  should  be  discussed  in 
your  conferences,  that  they  will  consent  to  remove  the  other  feature 
of  exclusion  from  it,  which  still  renders  it  inadmissible.  Your  powers 
will  enable  you  to  agree  to  it  with  such  modilicarions  as  may  di\est 
it  both  of  the  exceptionable  construction  disclaimed,  and  of  the  re- 
strictive exclusion  yet  adhered  to  by  Great  Britain. 


The  Secret  an/ of  Slate  to  Mr.  Hush. 

Dei'artmknt  of  Statf,, 

fVashington,  7th  May,  1819. 

Sir:  From  the  documents  transmitted  by  Mr.  Gallatin  and  you,  relat- 
ing tu  the  negotiation  of  the  commercial  convention  of  20th  October  last, 
it  appears — 

That,  at  the  third  conference,  a  drauglit  of  two  articles  was  proposed  by  the 
American  Plenipotentiaries,  for  rej>;olutin}>;  the  commercial  intercourse  be- 
tween the  United  States,  and,  1,  the  British  Islands  in  the  West  Indies, 
and.  2,  the  provinces  of  Nova  Scotia  and  Now  Brunswick,  in  North  A- 
inerica. 

That  at  the  fifth  conference,  the  British  Plenipotentiaries  offered  the 


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counter  projet  of  an  article  for  the  intercourse  between  the  United  States 
and  Nova  Scotia  and  New  Brunswick;  and  at  the  eighth  conference,  an  ar- 
ticle for  that  between  the  United  States  and  the  British  West  Indies. 

That,  in  presenting  this  last  article,  they  stated  that  they  could  not  con- 
sent to  sign  an  article  upon  that  subject,  unless  the  American  Plenipotentia- 
ries woum  accede,  in  substance,  to  the  article  proposed  at  the  fifth  con- 
ference concerning  Nova  Scotia  and  New  Brunswick,  and  to  an  article 
proposed  by  the  British  government,  on  the  19th  ot  March,  1817,  concern- 
ing the  traae  between  the  United  States  and  the  Island  of  Bermuda. 

And  that  the  American  Plenipotentiaries,  not  feeling  themselves  author- 
ized by  their  instructions  to  sign  the  West  India  article  as  proposed  by  the 
British  Plenipotentiaries,  agreed  to  take  the  whole  question,  ad  referen- 
dum, to  their  government.    •  ' 

In  comparing  the  West  India  article,  proposed  by  the  American  Pleni- 
potentiaries, at  the  third  conference,  with  that  ofl*ered  by  the  British 
Plenipotentiaries,  at  the  8tJi,  it  appears: 

1.  That,  in  the  American  projet,  the  ports  in  the  West  Indies,  proposed 
to  be  opened  to  American  snipping,  are  specifically  named;  while  in  the 
British  projet,  they  are  only  designated  as  the  ports  which  shall  be  open 
to  the  vessels  of  any  other  foreign  power  or  state.  It  is  observed,  in  your 
joint  letter  of  20th  October,  that  these  ports  are  the  same  as  tliose  propos- 
ed by  the  American  projet,  with  the  exception  of  St.  Christophers',  St. 
Lucia,  Demerara,  Essiquibo  and  Berbice:  but  the  difference  between  the 
two  draughts  is  otherwise  material.  For,  if  the  ports  were  specifically  named, 
the  privilege  of  admission  to  them  would  be  positive,  and  not  revocable  at 
the  pleasure  of  Great  Britain.  But,  if,  passing  under  the  general  descrip- 
tion, it  might  at  any  time  be  revoked  merely  by  prohibiting  the  admission 
to  any  other  fort^igii  vessels. 

2.  Thut,  in  the  American  projet,  tlic  articles  of  naval  stores,  provisions, 
and  lumber,  in  general  terms,  are  among  those  stipulated  for  admission, 
while  in  the  British  counter-projet,  the  naval  stores  are  restricted  to  pitch, 
tar,  and  turpentine;  the  lumber,  to  staves,  headings,  and  shingles;  and 
from  the  article  of  provisions,  are  excepted  salted  provisions  of  every 
description.  The  American  article  provides  for  the  liberty  of  importing 
other  articles,  of  growth,  produce,  or  manufacture  of  the  United  States, 
and  the  importation  of  which  shall  not  be  entirely  prohibited  from  every 
other  place  whatever.  The  British  article  narrows  the  limitation  to  ar- 
ticles not  prohibited  from  every  other  foreign  place,  so  that  it  would  re- 
ject articles  which  might,  at  the  same  time,  be  imported  from  the  British 
colonies  in  North  America. 

3.  That  the  American  projet  provides  for  the  liberty  of  exporting  mo- 
lasses and  salt  (omitting  rum)  and  sugar  and  cofllee,  to  the  amount  of  one- 
fourth  part  of  the  tonnage  of  the  vessel,  and  other  articles,  the  exporta- 
tion of  which  to  other  foreign  countries,  is  not  entirely  prohibited.  The 
British  projet,  adding  the  article  of  rum,  denies  those  of  cofi'ee  and  sugar, 
and  allows  only  the  exportation  of  other  articles,  not  prohibited  to  be  ex- 
ported to  other  foreign  countries  in  foreign  vessels;  so  that  articles  allowed 
to  be  exported  to  other  foreign  countries,  in  British  vessels,  would  still 
be  prohibited  from  exportation  in  vessels  of  the  United  States. 

These  diflferences,  so  important  in  themselves,  became  still  further  ag- 
gravated by  a  comparison  between  the  two  articles  fur  regulating  the  in- 
tercourse between  the  United  States  and  the  British  North  American  pro- 
vinces of  Nova  Scotia  and  New  Brunswick,  respectively  connected  with 
the  West  India  trade  article.    The  American  proposal  is,  that  the  vessel? 


■*»■•■; 


[71 


M 


I  i 


anar* 


in- 


of  both  nations  should  be  allowed  to  export  from  the  United  States,  into 
Nova  Scotia  and  New  Brunswick,  the  same  articles,  the  importation  of 
which  should  be  allowable  by  the  West  India  article,  into  the  West  Indies, 
in  American  vessels,  and  any  other  articles,'  the  importation  of  wh'ch  from 
every  other  country,  should  not  be  prohibited;  and  that  the  vessels  of 
both  nations  shoum  have  liberty  to  import  from  Nova  Scotia  and  New 
Brunswick,  into  the  United  States,  gypsum  and  grindstones,  and  any  other 
article  the  growth,  produce,  or  manufacture  of  those  provinces ^  the  impor- 
tation of  which,  into  the  United  States,  from  every  other  foreign  country, 
shall  not  be  prohibited. 

The  British  proposal  is,  that  the  vessels  of  both  nations  should  be  al- 
lowed to  export  irom  the  United  States,  into  Nova  Scotia  and  New  Bruns- 
wick, not  only  the  same  articles  to  be  admitted  by  the  direct  trade  to  the 
West  Indies,  but  the  additional  articles  of  scantling,  planks,  hoops,  fruits, 
and  seeds,  with  a  specific  enumeration  of  grain  and  bread  stufis,  instead 
of  provisions. 

And  that  the  vessels  of  both  nations  should  be  allowed  to  import  from 
Nova  Scotia  and  New  Brunswick,  into  the  United  States,  not  only  gyp- 
sum, grindstones,  and  any  other  articles,  the  growth,  produce,  or  manu- 
facture o{the  said  provinces,  but  also  any  produce  or  manufacture  of  any 
part  of  his  Britannic  Majesty^s  dominions,  the  importation  of  which,  into 
the  United  States,  shall  not  be  entirely  prohibited. 

To  complete  this  review,  we  are  to  compare  the  proposals  of  the  two 
parties,  in  relation  to  the  trade  between  the  United  States  and  the  island 
of  Bermuda. 

The  American  proposal  is,  to  include  it  in  the  West  India  trade  article, 
and  thereby  place  it  on  precisely  the  same  footing  as  the  West  India 
islands. 

The  British  article,  of  19th  March,  1817,  proposed  that  the  vessels  of 
both  nations  should  be  allowed  to  import,  from  the  United  States,  into  the 
island  of  Bermuda,  not  only  the  articles  proposed  by  the  British  West  In- 
dia article  to  be  admissible  in  the  West  Indies,  but  hemp,  flax,  masts, 
yards,  bowsprits,  plank,  timber,  and  lumber  of  any  sort,  bread  stuiTs  enu- 
merated, and  grain  of  any  sort,  of  the  growth  or  production  of  the  United 
States;  and  that  they  should  be  allowed  to  export,  from  Bermuda  to  the 
United  States,  any  goods  or  commodities  whatsoever,  exportable  by  law 
from  the  British  West  Indies  to  any  foreign  country  in  Europe;  and,  also, 
su^ar,  molasses,  coffee,  cocoa  nuts,  ginger,  and  pimento;  and  all  goods  of 
British  growth,  produce,  or  manufacture. 

The  views  of  the  British  government,  in  these  connected  proposals,  are 
elucidated  by  the  right  which,  in  the  West  India  trade  article,  they  insist 
upon  reserving,  to  impose  higher  duties  lipon  all  articles  so  iinportalile  from 
the  United  States  to  the  West  Indies,  than  upon  all  similar  articles,  when 
imported  from  any  of  his  Majesty's  dominions,  and  being  of  the  growth, 
produce,  or  manufacture,  of  his  Majesty's  possessions. 

And,  by  the  statement  of  the  British  plenipotentiaries,  at  the  eighth  con- 
ference, as  entered  upon  the  protocol,  that  they  could  not  sign  any  article 
concerning  the  direct  trade  between  the  United  States  and  the  West  In- 
dies, unless  with  their  proposed  articles  concerning  the  intercourse  of  the 
United  States  with  Nova  Scotia  and  New  Brunswick,  and  with  the  island 
of  Bermuda. 

No  objection  will,  on  our  part,  be  made  to  the  exception  of  the  articles 
proposed  bv  the  British  projet  to  be  excluded  entirely  from  the  trade, 
namely,  salted  provisions,  of  every  description;  although  their  probable 


\  Hi 


94 


c  in 


I) ; 


J'. 


value  is  equal  to  one-third  of  the  whole  mass  of  the  exports  to  the  West 
Indies;  but  it  cannot  be  disguised,  that,  if  the  three  articles,  taken  togeth- 
er, would  not,  in  their  immediate  operation,  secure  the  carrying  of  the 
whole  trade  in  British  shipping,  to  the  exclusion  of  that  of  tne  United 
States,  they  would,  at  least,  leave  the  ultimate  operation  entirely  at  the 
discretion  of  the  British  government,  who,  by  proportioning  the  difference 
of  duties  unon  the  articles  of  our  growth,  produce,  or  manufacture,  and 
upon  the  like  articles,  of  the  produce,  growth,  or  manufacture  of  the  Bri- 
tish dominions,  to  the  experience  of  their  own  interest,  may  annul  entirely 
the  direct  importations,  and  secure  the  conveyance  of  the  whole  to  their  own 
ships.  They  agreed,  indeed,  to  stipulate  thatthedutiesupon  the  direct,  shall 
not  be  other  or  higher  than  upon  theindirectimportations;  but  all  the  effect  of 
this  engagement  is  demolisheii  by  the  right  reserved  of  imposing  higher  du- 
ties onaracles  of  our  growth,  produce,  or  manufactures,  tnan  upon  like  ar- 
ticles of  their  own;  for,  as  the  indirect  importations  would  be  exclusively 
in  British  vessels,  it  must  he  expected  that  all  articles  imported  from  Bri> 
tish  colonies  would  be  received  as  British  produce,  without  scrutiny  with 
regard  to  their  origin;  and  thus  the  produce  or  manufactures  of  the  United 
States,  imported,  indirectly  .through  Halifax,  St.  John's,  or  Bermuda,  would 
be  received  as  of  British  produce  or  manufacture,  and  less  imposed  than 
the  same  articles  importea  directly  from  the  United  States.  And  the  re- 
served right  of  aggravating  the  duty  upon  the  direct  importation  being  un- 
limited, might,  at  any  time,  at  the  pleasure  of  the  British  government,  be 
made  equivalent  to  a  total  prohibition;  while,  at  the  same  time,  our  power 
of  countervailing  legislation  would  be  locked  up  by  the  terms  of  the  com- 
pact. 

With  the  convention  of  20th  October,  all  the  documents  transmitted  by 
yon,  relating  to  the  negotiation,  were  submitted  to  the  Senate.  Those  re- 
lating to  the  subject  of  this  suspended  article,  were  referred  to  the  com- 
mittee of  foreign  relations  of  that  body,  by  whom,  towards  the  close  of  the 
session,  a  confidential  report  was  made,  a  copy  of  which  is  herewith  en- 
closed. The  shortness  of  the  time  not  having  admitted  of  a  discussion  of 
the  report,  it  was  referred  to  this  Department;  and,  as  it  is  probable  that, 
unless  an  amicable  arrangement  of  the  subject  can  be  effected  before  the 
next  winter,  by  negotiati<m,  the  measures  suggested  at  the  close  of  the  re- 
port, as  essential  foi  completing  the  experiment  of  our  counteracting  sys- 
tem, will  be  brought  forward  in  Congress,  the  President,  always  preferring 
the  principle  of  arrangement  by  amicable  compromise  to  the  connict  of  ad- 
versary laws,  wishes  to  make  another  effort  to  prevail  upon  the  British 
Cabinet  to  adjust  this  concern  by  mutual  concession,  and  upon  terms  of 
practical  reciprocity. 

You  are,  therefore,  authorized  to  agree  to  two  additional  articles  as  sup- 
plementary to  the  convention,  accepting  the  restricted  list  of  articles,  as 
proposed  by  the  article  which  the  British  Plenipotentiaries  offered  at  the 
8th  conference,  and  submitting  to  the  exclusion  of  salted  provisions,  and 
to  the  confined  list  of  naval  stores  and  lumber,  among  the  importable,  and 
to  the  exclusion  of  sugar  and  cotluefrom  the  list  of  the  exportable  articles, 
in  American  vessels,  in  the  direct  trade  with  the  West  indies;  but  with 
the  condition  that  the  list  of  importable  articles,  to  the  West  Indies,  shall 
be  the  same  as  that  to  Bermuda  and  to  the  North  American  colonies;  and 
that  the  exportable  articles  shall  be  confined  to  such  as  are  of  the  growth, 
produce,  or  manufacture  of  the  British  West  India  and  North  American 
colonies;  and  that  no  other  or  higher  duties  shall  be  payable  on  importa- 


[71] 


H 


the  West 
n  togeth- 
ing  of  the 
e  United 
il^  at  the 
difference 
ture,  and 

the  Bri- 
I  entirely 
their  own 
■ect,  shall 
B  effect  of 
igher  du- 
n  like  ar- 
cclusively 
from  Bri- 
itiny  with 
lie  United 
da,  would 
osed  than 
d  the  re- 
being  un> 
iment,  be 
)ur  power 

the  com- 

tiitted  by 
rhose  re- 
the  com- 
ise  of  the 
ewith  en- 
;ussion  of 
Eible  that, 
efore  the 
of  the  re- 
;ting  sys- 
referring 
ict  of  ad- 
;  British 
terms  of 

IS  as  sup- 
icles,  as 
d  at  the 
ons,  and 
Eible,  and 
articles, 
}ut  with 
ies,  shall 
lies;  and 
growth, 
merican 
importa-^ 


tions  from  the  United  States,  directly  or  indirectly,  than  on  similar  arti- 
cles imported  from  any  foreign  country,  or  from  any  of  the  British  colo- 
niesithemselves. 

i^idraught  of  two  articles,  to  this  effect,  and  forming  a  compromise  between 
the  articles  proposed  by  you  at  the  third,  and  those  offered  by  the  British 
plenipotentiaries  at  the  fifth  and  eighth  conferences,  is  herewith  enclosed, 
\Ve  consent,  by  this  proposal,  to  restrict  the  Hat  of  articles  to  be  admitted 
in  the  trade,  even  as  the  British  cabinet  itself  desires;  but  we  adhere  to 
the  principle  that,  of  this  traffic,  thus  limited,  our  shipping  shall  have  the 
chance  of  carrying  its  fair  proportion,  and  shall  stand  upon  equal  terms  of 
competition  with  the  British.  It  is  not  intended  that  you  should  be  confined 
to  the  letter  of  this  draught.  It  may  be  modified  in  regard  to  the  expression, 
as  you  think  proper,  and  if  desired  by  the  British  government,  the  two 
paa8aii;es  included  witliin  brackets  in  the  draught  of  the  first  article,  may  be 
omitted.  But  you  will  candidly  state  to  Lord  Castlereagh,  that  our  ulti- 
mate object  of  participating  in  the  navigation  of  this  necessary  trade, 
having  been  explicitly  avowed,  must  be  steadily  pursued.  That  we  deem 
it  more  for  our  interest  to  leave  it  on  the  footing  of  reciprocal  mutual  re- 
gulation, than  to  bind  ourselves  by  any.  compact,  the  result  of  which  must 
be  to  disappoint  us  of  that  object.  That  we  think  the  effect  of  the  three 
articles,  declared  to  be  inseparable,  by  the  British  plenipotentiaries,  would 
be  to  deprive  us  even  of  the  portion  of  the  carrying  which  we  have  alrea- 
dy secured  by  our  existing  laws,  and  which  we  believe  we  can  further  se- 
cure, and  that  it  is  far  better,  for  the  harmony  of  the  two  nations,  to  avoid 
an)'  bargain,  in  which  either  party,  after  agreeing  to  it,  shall  have,  by  the 
experience  of  its  effect,  the  sentiment  of  having  been  over-reached,  brought 
home  to  its  councils.  We  ask  for  no  such  engagement,  on  the  part  of 
Gre^t  Britain.  We  have  too  much  confidence  in  thewiedorA  and  liberality 
of  her  cabinet,  to  believe  that  they  would  wish  to  obtain  puch  an  engage- 
ment from  us.  At  every  step  of  counteracting  regulation  that  we  have 
taken,  or  shall  take,  in  this  concern,  we  proceed  with  reluctance,  because 
we  are  convinced  it  might  be  adjusted  more  to  the  mutual  interest,  and 
mutual  understanding,  by  amicable  arrangement,  than  by  countervailing 
legislation.  But,  to  whatever  arrangement  we  may  subscribe,  we  are  con- 
vinced it  Can  answer  no  useful  purpose,  unless  it  shall  prove  to  be  founded 
on  the  reciprocity  of  real  effects,  instead  of  hinging  upon  that  of  words. 

Your  power,  heretofore  given,  is  considered  sufficient  to  authorize  you 
to  sign  two  additional  articles,  of  the  substance  of  those  enclosed,  with 
any  person  or  persons  duly  authorized  by  the  British  government.  If 
agreed  to,  they  may  be  declared  supplementary  to  those  of  the  convention 
of  the  20th  of  October,  and  to  be  of  the  same  duration.  They  must,  of 
course,  be  submitted  to  the  sanction  of  the  Senate  for  ratification  here. 

I  am,  very  respectfully,  Sir,  &c. 
.:r  JOHN  QUINCY  ADAMS. 

^_,\'  ARTICLE    1.  '  '■,.',  .'■■.■/ 

The  vessels  of  the  United  States  and  British  vessels  shall  have 
liberty  to  import,  from  any  of  the  ports  of  the  United  States  to  which 
any  foreign  vessels  are  permitted  to  come,  into  any  of  the  followin,!;!; 
ports,  namely,  Kingston,  Savannah  Le  Mar,  Montcgo  Bay,  Santa 
Lucia,  Antonio,  Saint  Ann,  P'almouth,  and  Porta  Maria  in  the' 
Island  of  Jamaica,  San  Joseph  in  the  Island  of  Trinidad,  Scarho- 


96 


C71  ] 


^1    '/: 


a    '     : 


rough  in  the  Island  of  Tohago,  Saint  George  in  the  Islai|d  of  Gre- 
nada, Kingston  in  the  Island  of  Saint  Vincent,  Bridgetown  in  the 
Island  of  Barbadoes,  Rosseau  in  the  Island  of  Dominica,  Saint 
John's  in  the  Island  of  Antigua,  Road  Harbor  in  the  Island  of 
Tortola,  the  principal  port  of  Turks  Island,  Nassau  in  the  Island 
of  New  Providence,  Pitt's  Town  in  Crooked  Island,  and  the 
principal  port  of  the  Island  of  Bermuda,  tobacco,  pitch,  tar,  turpen- 
tine, staves,  headings,  shingles,  horses,  mules,  poultry,  live  stocky 
and  provisions  of  all  sorts,  (except  salted  provisions  of  any  descrip- 
tion, whether  meat,  fish,  or  butter,)  such  articles  being  the  growth, 
produce,  or  manufacture  of  the  United  States,  [and  any  other  articles 
of  the  growth,  produce,  or  manufacture  of  the  United  States,  the 
importation  of  which,  into  the  above-mentioned  ports,  shall  not  be 
entirely  prohibited  from  every  other  foreign  country,  or  place.]  And 
the  vessels  of  the  United  States  and  British  vessels  shall  have  li- 
berty to  export,  from  any  of  the  said  ports  of  his  Britanic  Majesty's 
dominions,  to  any  of  the  aforesaid  ports  of  the  United  States,  rum, 
molases,  and  salt,  being  of  the  growth,  produce,  or  manufacture  of 
any  of  the  above-mentioned  dominions,  [and  any  other  articles  of  the 
said  growth,  produce,  or  manufacture,  the  exportation  of  which,  to 
any  other  foreign  country,  or  place,  shall  not  be  entirely  prohibited.] 

The  vessels  of  either  party,  employed  in  the  trade  provided  for 
by  this  article,  shall  be  admitlied  in  the  ports  of  the  other,  as  above- 
mentioned,  without  paying  any  other,  or  higher  duties,  or  charges, 
than  those  payable  in  the  same  ports,  by  the  vessels  of  such  other 
party;  and  they  shall  have  liberty,  respectively,  to  touch,  during  the 
same  voyage,  at  one  or  more  ofthe  above-mentioned  ports  of  the  other 
party,  for  tlie  purpose  of  disposing  of  their  inward,  and  of  taking 
on  board  their  outward  cargoes. 

No  other  or  higher  duties  shall  be  paid,  on  the  importation  from 
the  United  States,  into  the  above-mentioned  ports  of  the  British  co- 
lonies, or  from  the  said  ports  into  the  United  States,  of  any  of  the 
articles  importable,  by  virtue  of  this  convention,  when  imported  ia 
the  vessels  of  either  of  the  two  nations,  than  when  imported  in  the 
vessels  of  the  other;  nor  when  imported  directly  between  the  United 
States  and  the  said  ports,  or  vice  versa;  and  when  imported  in  a^ 
circuitous  manner.  No  other  or  higher  duties  shall  be  charged  upon 
any  of  the  above-mentioned  articles,  when  imported  by  virtue  of  this 
convention,  into  the  United  States,  or  into  any  of  the  ports  afore- 
said, than  may  be  charged  on  similar  articles,  when  imported  from 
any  foreign  country  into  the  United  States,  or  from  any  other  coun- 
try or  place  whatsoever  into  the  said  ports.  The  sancie  duties  shall  be 
paid,  and  the  same  bounties  shall  be  allowed,  on  the  exportation  of 
an>  articles  which  may,  by  virtue  of  this  article,  be  exported  from 
the  said  British  ports,  tu  the  United  States,  or  from  the  United 
States  tu  tlie  said  ports,  whether  exported  in  vessels  of  the  United 
States,  or  in  British  vessels. 


[713 


a7 


ARTICLE  2. 


'r\'*tf» 


T\\Q  vessels  of  the  United  States  and  British  vessels  sltall  have 
liberty  to  export*  from  any  of  the  ports  of  the  United  States  to  which 
any  foreign  vessels  are  permitted  to  come,  to  the  ports  of  Halifax*  in 
Mova  Scotia,  and  of  St.  John's,  in  New  Brunswick*  and  to  any  other 
port  within  the  said  provinces  of  Nova  Scotia  and  New  Brunswick, 
to  which  vessels  of  any  other  foreign  nation  shall  he  admitted,  any  ar- 
ticle, of  the  growth,  produce,  or  manufacture,  of  the  United  States, 
which,  by  virtue  of  the  preceding  article,  is  importable  from  the 
United  States  into  the  British  colonial  ports  therein  named;  and  up- 
on the  same  terms,  in  regard  to  the  payment  of  duties  and  charges; 
and  (hey  shall  have  liberty  to  import,  from  ^ny  of  ^e  aforesaid  ports 
within  the  provinces  of  Nova  Scotia  and  New  Brunswick,  into  any 
of  the  aforesaid  ports  of  the  United  States,  gypsum  and  grindstones, 
the  produce  or  manufacture  of  the  said  provinces,  and  any  other  arti- 
cle of  the  said  produce  or  manufacture,  the  exportation  of  which  from 
the  said  provinces,  and  the  importation  of  which  into  the  United 
States,  to  or  from  any  other  foreign  country,  shall  not  be  altogether 
]M'oliibitcd.  The  vessels  of  either  party,  employed  in  this  cradc,  shall 
pay  no  other  or  higher  duties  or  charges,  than  those  of  the  other. 
The  same  duties  of  importation  and  of  exportation  shall  be  paid  on  the 
articles  imported  or  exported,  by  virtue  of  this  article,  and  the  same 
bounties  allowed  on  their  exportation,  whether  in  vessels  of  the  Unit- 
ed States,  or  in  British  vessels. 


r  coun- 
ihall  be 
tion  of 
d  from 
United 
United 


Extract  of  a  letter  from  Mr,  Rush,  Envoy,  ^c.  at  London,  to  Mr,  4d- 
ams,  Secretary  of  State,  dated  London,  June  14,  1819. 

"  I  was  honored,  on  the  8th  instant,  with  your  despatch,  number 
seventeen,  of  the  7th  of  May. 

"  On  the  9th  I  addressed  a  note  to  Lord  Castlereagh,  to  request  an 
interview,  that  1  might  proceed  to  lay  before  this  government,  with- 
out losing  any  time,  the  determinations  to  which  the  President  had 
come  on  the  important  subject  of  the  commercial  intercourse  between 
the  United  States  and  the  West  Indies.  His  lordship  appointed  yes- 
teiHlay  for  me  to  wait  npon  him. 

**  I  commenced  with  calling  to  mind  the  point  at  which  the  discus- 
sions had  left  off,  upon  this  branch  of  the  negotiation,  last  autumn,  and 
gave  a  new  assurance  of  the  President's  earnest  desire  to  see  this 
trade  opened  upon  a  footing  of  entire  and  liberal  reciprocity,  rather 
than  stand  any  longer  upon  the  conflict  of  arbitrary  laws.  In 
this  spirit  I  was  instructed  to  offer  a  projet,  which  had  been  carefully 
drawn  up,  upon  the  basis  of  a  compromise  between  the  pretensions  of 
the  two  parties,  and  which,  indeed,  would  be  found  to  fall  in  so  en- 
tirely with  the  propositions  of  Great  Britain,  in  some  respects,  and 
to  make  such  an  approximation  to  them  in  others,  that  a  hope  was 
cherished  of  its  proving  acceptable. 
13 


9ff 


[71  3 


**  That*  in  particular,  it  would  bfi  Tound  to  adopt  the  description  of 
naval  Htores,  and  of  lumber,  as  articles  to  be  exported  frofh  the  Unit- 
ed States,  upon  which  the  British  plenipotentiaries  had  themselves 
insisted — confining  the  former  to  pitch,  tar,  and  turpentine;  and  the 
latter  to  staves,  heading,  and  shingles;  contrary  to  the  more  enlarged 
signification  which  it  had  been  the  desire  of  the  American  pleni]io- 
tentiaries  to  give  to  them.  That  it  acquiesced,  also,  in  the  exclusion 
of  all  salted  provisions,  including  the  important  article  offish.  That 
it,  moreover,  came  wholly  into  the  British  views,  in  consenting  to  the 
exclusion  of  sugar  and  coffee,  as  articles  to  be  imported  into  the  Unit' 
ed  States  from  the  British  West  Indies,  it  being  understood  that  the 
above  traffic  was  to  be  open  upon  equal  terms,  in  all  respects,  to  Ame- 
rican and  British  vessels. 

**  In  return  for  such  sin  accommodation  to  the  colonial  views  of 
Great  Britain,  the  projet  asked,  on  the  other  hand,  that  the  list  of  ar- 
ticles exportable  from  the  United  States  to  the  West  Indies,  should 
be  the  same  as  to  Bermuda,  and  to  the  British  North  American  colo- 
nies; that  the  articles  exportable  to  the  United  States  should  be  con- 
fined to  such  as  were  of  the  growth,  produce,  or  manufacture  of  the 
above  islands  or  colonies;  and  that  the  same  duties,  and  no  more, 
should  be  payable  on  importations  from  the  United  States  into  the 
West  Indies,  whether  the  articles  were  brought  directly  or  indirectly, 
as  on  similar  articles  imported  into  the  West  Indies  from  any  foreign 
country  or  from  any  of  the  British  colonies. 

**  With  this  outline  of  its  contents,  I  handed  a  copy  of  the  projet 
"which  came  enclosed  in  your  despatch,  to  his  Lordship.  The  discus- 
sions between  the  plenipotentiaries  of  the  two  governments  having 
recently  been  so  ample  on  the  matters  which  it  embraces,  I  thought 
that  nothing  was  likely  to  be  gained  by  my  leaving  room  for  the  pos- 
sible hope  that  any  of  its  essential  provisions  would  be  departed  from. 
Accordingly,  I  deemed  it  best  to  say  with  candor,  in  the  first  instance, 
that,  as  it  was  offered,  so  was  it  to  be  taken;  for  that  my  present  in- 
structions would  admit  of  no  deviations,  unless  on  points  verbal,  or 
otherwise  immaterial.  I  shall  bear  in  mind  that  the  parts  within 
crotchets  may  be  omitted.  His  h>rdship  received  it  with  an  assur- 
ance that  a  full  and  candid  consideration  would  be  given  to  it.  The 
pressure  of  parliamentary  business  might,  he  said,  delay  an  attention 
to  it  for  some  weeks;  but  that,  at  as  early  a  day  as  was  practicable, 
it  would  be  taken  up.  I  replied  that  I  believed  that  the  great  object 
'would  be  attained  on  our  side,  if  a  decision  were  connmunicated  to 
me  in  full  time  to  be  made  known  to  the  President  before  the  next 
session  of  Congress.  Should  our  propositions  prove  acceptable,  I 
was  empowered,  I  added,  to  make  them  supplementary  to  the  con- 
vention of  the  twentieth  of  October,  subject  always  to  the  ratification 
of  the  Senate.  I  here  closed,  having  endeavored,  in  the  course  of  my 
remarks,  to  convey  to  his  lordship's  mind,  those  general  reasonings 
applicable  to  our  propositions,  which  are  unfolded  in  your  despatch, 
and  to  which  I  shall  again  advert  on  future  occasions,  should  it  be- 
come necessary.    The  confidential  report  of  the  nineteenth  of  Feb- 


[71  ] 


m 


ruary,  Ify^he  Committee  of  Foreign  Relations,  in  the  Senate,  was 
safely  received,  under  cover  of  your  despatch." 


*t 


.:  '-■ 


itbe- 


Extrads  of  a  letter  from  Mr.  Rush  ta  the  Secretary  of  State,  dated 
*  •"  hoauos,  September  17,  IB19, 

**  Lord  Castlcreagh  cnmc  to  town  on  the  I5th  instant,  and  grant- 
ed me  an  interview  yesterday  on  the  business  of  the  West  India 
trade. 

Holding  in  his  hands  the  proposals  I  had  submitted,  his  Lordship 
premised,  that  ho  thought  it  would  perhaps  be  best  for  him  to  answer 
thrm  in  tlie  same  general  way  that  the  British  articles,  submitted 
through  my  predecessor,  in  1817,  had  been  answered;  that  is,  not 
in  any  formal  manner,  but  merely  by  a  word  of  conversation  with 
me.  I  said  that  I  was  sure  that  the  form  of  the  answer  would  make 
no  difference;  its  transmission  to  my  government,  in  whatever  mode 
his  Lordship  might  be  pleased  to  convey  it  to  me,  would  doubtless  ef- 
fect every  substantial  purpose. 

In  the  answer  there  was  no  hesitation.  Our  proposals,  he  said, 
were  not  of  a  nature  to  form  the  basis  of  any  agreement  between 
the  two  countries.  They  would  effect  an  entire  subversion  of  the 
British  colonial  system.  From  this  system  they  were  not  prepared 
to  depart.  Their  colonics  were,  in  many  respects,  burdensome,  and 
even  liable  to  involve  the  country  in  wars.  Garrisons,  and  other  es- 
tablishments, were  constantly  maintained  in  them,  at  a  heavy  charge: 
In  return,  it  was  just  that  they  should  be  encumbered  with  regula- 
tions, the  operation  of  wiiicli  migiit  help  to  meet,  in  part,  the  expen- 
ses which  they  created.  The  gi'eat  principle  of  these  regulations 
was  known  to  be  the  reservation  of  an  exclusive  right  to  the  benefit 
of  all  their  trade;  a  principle,  of  which  the  free-port  acts  had,  it  was 
true,  produced  some  relaxation;  but,  it  had  never  been  the  intention 
of  this  government  to  do  any  thing  more  than  offer  to  us  a  participa- 
tion in  these  acts.  Some  modifications  of  them  would  have  been  ac- 
quiesced in,  suggested  by  local  causes,  and  an  anxious  desire  that 
our  two  countries  might  come  to  an  understanding  on  this  part  of 
their  intercourse.  But,  to  breakdown  the  system,  was  no  part  of 
their  plan.  Our  proposals,  therefore,  could  not  be  accepted.  Such 
were  his  remarks. 

I  observed,  that  to  break  down  the  system  was  not  our  aim.  All 
that  we  desired  was,  that  the  trade,  as  far  as  it  was  gone  into  at  all, 
should  be  open  to  the  vessels  of  botii  nations  upon  precisely  equal 
terms.  If  the  system  fell  by  such  an  arrangement,  it  was  as  an  in- 
cident; and  only  showed  how  difficult  it  seemed  to  render  its  long 
continuance  consistent  with  a  proper  measure  of  commercial  justice 
towards  us. 

So  broad  and  unequivocal  was  his  Lordship's  refusal,  that  it  seem- 


100 


[713 


h^^i 


ed  almont  superfluous  to  ask  him  to  be  more  particulnr;  yet,  per- 
ceiving in  the  a  wish  to  be  made  acquainted  rather  more  specifically 
'with  the  objections,  he  said  that  he  would  not  scruple  to  mention 
them,  without,  however,  entering  into  details,  for  which  he  was  not 
prepared,  and  which  had  been  amply  unfolded  on  both  sides  during 
the  neg(>tiation  this  time  twelve-month.  The  objections  were  three- 
fold. First,  W«»  asked  an  enumeration,  by  name,  of  all  the  ports  in 
the  West  Indies  that  we  desired  should  be  open  to  our  vessels.  Se- 
condly, That  the  trade  between  the  United  States  and  the  British  co- 
lonies on  the  continent  of  America,  and  with  Bermuda,  should  be 
confined  within  the  same  limits  as  that  between  the  United  States 
and  the  West  India  Islands  direct;  and,  thirdly,  we  asked.  That  the 
duties  on  articles  imported  from  the  United  States  into  the  Islands, 
in  American  ships,  should  be  no  higher  than  on  the  same  articles 
when  imported  in  British  ships,  from  the  United  States,  or  from  any 
other  country,  without  sayiuc/oret^n  country.  These  three  provi- 
sions, particularly  theseconu  and  third,  would  form  insurmuuntable 
obstacles  to  the  conclusion  of  any  convention  which  should  purport 
to  embrace  them. 

I  contented  myself  with  replies  as  general.  The  communications 
from  the  joint  mission,  last  year,  as  well  as  some  separate  ones  from 
this  legation,  after  it  was  over,  will  have  informed  the  President  how 
fiilly  the  views  of  our  government,  on  the  injustice  of  this  system,  in 
all  its  past  effects  upon  us,  have  heretofore  been  stated.  On  this  oc- 
casion I  remarked,  as  to  the  first  objection,  that  it  was  plain,  tliat,  if 
the  ports  were  not  specially  named,  the  privilege  of  admission  to 
them  would,  at  any  time,  be  revokable,  whenever  Great  Britain 
thought  fit  to  exclude  from  them  any  otiier  foreign  vessels.  It  would 
be,  in  short,  a  privilege  with  notliing  positive  or  certain  in  its  cha- 
racter. As  to  the  sepond,  I  said,  that,  should  an  indirect  trade  hv 
opened  with  the  Islands  in  any  greater  extent  than  the  direct  tradc^ 
nothing  was  mor^  clear,  than  that  the  greater  part,  or  whole,  would 
soon  be  made  to  ^ow  in  the  channel  of  the  former,  to  the  manifest 
advantage  of  BHtish  bottoms.  On  the  third  objection,  I  said  that 
an  explanatory  femark  or  two  was  all  that  I  should  add,  (it  would  be 
but  repetition,)  to  what  had  often  been  urged  before.  That  we  should 
deny  to  Great  Bt^ituin  the  common  right  of  protecting  the  industry 
of  a  part  of  her  own  dominions,  by  laying  discriminating  duties  in 
its  favor,  might  be  thought,  at  first  blush,  to  wear  an  appearance 
not  defensible;  but,  it  would  be  found,  on  a  moment*s  examination, 
to  be  strictly  so.  The  system,  built  up  by  Britain,  must  be  looked  at 
altogether.  It  was  in  itself  so  inverted  and  artificial,  that  principles, 
not  disputed  in  the  abstract,  ceased  to  be  just  when  applied  to  itiu 
Though  one  and  all  of  these  colonies  were,  indeed,  of  her  dominion, 
yet  were  they  made  to  stand,  with  respect  to  us,  in  the  light  of  sepa- 
rate and  independent  countries.  This  wsoy  the  kcy-stonc  of  the  co- 
lonial doctrine.  Why  should  we  not,  in  turn,  adopt  and  apply  it  to 
Great  Britain?  If  we  stipulated  not  to  impose,  upon  articles  im- 
ported into  the  United  States   from  the  British  West  Indies,  any 


[71  ] 


101 


higher  duties  than  upon  the  same  articles  coming  from  any  other  fo- 
reign country,  a  similar  provision  by  Great  Britain,  to  ifnpoHP,  on 
articles  exported  from  the  United  States  to  her  islands,no  higher  duties 
than  oil  the  same  articles  when  brought  from  any  other/ordj^n  country, 
would  obviously  bo  one  of  but  nominal  reciprocity;  since,  after  her 
own  dominions  on  the  continent  of  America*  there  was  no  other  placo 
whence  such  exportations  to  her  islands  would  ever  be  made.  Thus 
it  was  tiiat  this  third  provision,  combined  with  the  two  others,  became 
necessary  to  enable  the  United  States,  whilst  prosecuting  a  trado 
with  the  British  West  Indies,  to  place  their  navigation  upon  a  foot- 
ing, not  of  verbal  merely,  but  of  real  equality.  It  was  the  latter 
alone  that  could  lay  the  foundations  of  a  compact  between  the  two 
nations  that  could  ever  be  satisfactory  or  lasting. 

His  Lordship  did  not  hold  to  such  views,  and  the  conversation  was 
not  prolonged.  It  is  proper  for  me  to  add,  that  he  requested  it  to  bo 
understood,  that,  whilst  our  proposals  were  declined,  it  was  alto- 
gether in  a  friendly  spirit,  and  that  no  complaint  would  be  made,  as 
had  frequently  been  intimated,  at  our  resorting  to  any  just  and  right- 
ful regulations  of  our  own,  which  we  might  deem  necessary  to  meet 
theirs,  in  relation  to  these  islands.  I  rejoined,  that  I  thought  it  pro- 
bable that  some  such  regulations  would,  before  long,  in  addition  to 
those  existing,  be  adopted. 

Having  earnestly  endeavored  to  fulfil  all  my  instructions,  in  their 
full  spirit  of  anxiety  for  a  different  result  upon  this  subject;  my  duty 
appears  now  to  have  arrived  at  its  close." 


il      » 


Extract  of  a  letter  from  Mr,  Mams,  Secretary  of  State,  to  JUr.  Rusli, 
Envoy,  ^c,  at  London,  dated  Department  of  State,  Q7th  May,  1820. 

**  I  have  the  honor  of  transmitting  herewith,  a  copy  of  the  laws 
passed  at  the  last  Session  of  Congress,  which  closed  on  the  15th  inst.; 
among  which  you  will  find  one,  page  116,  entitled  "An  act  supple- 
mentary to  an  act  concerning  navigation,"  which  has  an  impor- 
tant bearing  upon  our  commercial  relations  with  Great  Britain. 

**  The  subject  to  which  that  act  relates,  has  so  recently,  and  so 
fully  been  discussed,  between  the  two  governments,  that  it  may  be 
superfluous,  though  it  cannot  be  unseasonable,  to  assure  the  British 
Cabinet,  as  you  are  authorized  to  do,  that  it  was  adopted  with  a  spi- 
rit, in  no  wise  unfriendly  to  great  Britain;  and  that,  if  at  any  timxi 
the  disposition  should  be  felt  there,  to  meet  this  country  by  arrange- 
ments, founded  on  principles  of  reciprocity,  it  will  be  met,  on  the 
part  of  the  United  States,  with  an  earnest  wish  to  substitute  a  sys- 
tem of  the  most  liberal  intercourse,  instead  of  that  of  counter  prohi^ 
bitions,  which  this  act  has  only  rendered  complete." 


* 


•-# 


'  «- 


^Vi  «*.  -;    J',-' 


I         ' 


r       » 


■('* 


^  <     . 


M 


.-..♦*        '    . 


--■■tJ" 


4 


•■Niv 


»       x-v 


4- 


t    .  r        ,»■ 


(:| 


:■  ■  i 


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in  2 


108 


f  ■ 


.!|r 


LIST  OF  PAPERS. 


I.I 


Messrs.  Gallatin  and  Rush  to  Mr.  Adams,  dated  London,  October 

SO,  1818. — Extracts. 
No.  1.  Protocol  first  conference,  27th  August. 


^  f 


29th  August. 
17th  September. 

A.^ 

B. 


C.  >>American. 

D. 
E 

F.     British. 


»>  American. 


2.        Do.     second    do. 

8.  Do.     third      do. 
Articles,  fisheries. 

Do.      boundary, 

Do.      West  Indies,  "I 

Do.      Nova  Scotia,  j 

Do.      slaves. 
Explanatory  memorandum, 
Frojet  on  impressment, 
Seven  articles,   maritime  1      ^' 

rights,  marked  a.  to  g.  j 
Three  articles,  miscellane-  \     „ 

ous,  marked  h.  to  k.      J        ^^ 

4.  Protocol  fourth  conference,  25th  September. 

^"^  «/?rpllet  "'^'}     A.    Aa..ric.„. 

5.  Protocol  fifth  conference,  6th  October. 
Article,  fisheries,  A.~| 

Do.      boundary,  B.     ^  ... 

Do.      Mississippi,  C.  v^"""* 

Do.      Nova  Scotia,  D.  j 

Do.      slaves,  E.J 

6.  Unofficial  note  and  memorandum,  7th  October,  American. 

7.  Protocol  6tli  conference,  9th  October. 
Amendments  to  boundary  ar-        1 

tide,  A.  [-American.  r  ' 

Amendments  to  slaves  article     B.J 

9.  Unofficial  note  and  memorandum,  12th  October,  American.^ 
9.  Protocol  seventh  conference,  IStli  October. 


t'itish  counter 
jet. 


pro- 


Articles,  fislieries. 
Do.     boundary. 
New  projet  of  impressment. 
Six  articles,  maritime  rights  1 


I] 


D.^ 
E. 


and  miscellaneous,  a.  to  g, 
Memorandum  respecting  do 
Slaves 

10.  Amendment  to  boundary  article 

11.  Protocol  eighth  conference. 
West  India  article,  F. 

12.  Protocol  ninth  conference. 


J 


British  second  coun- 
ter projet. 


^, 


-■<M 


American. 
British. 


104 


[71] 


'1   [4 


Extracts  of  a  letter  from  Messrs.  Oallatin  and  Rusli  to  the  Secretary 
of  State,  dated  London,  October  &0,  1818. 

**  We  have  the  honor  to  transmit  a  convention,  which  we  conclud- 
ed this  day  with  the  British  Plenipotentiaries. 

Lord  Castlereagh  having  expressed  a  wish  that  the  negotiations 
iniglit  he  opened  before  his  departure  for  Aix-Ia-Chapelle,  Mr.  Oal- 
latin left  Paris  as  soon  as  lie  had  received  our  full  powers,  and  ar- 
rived here  on  the  I6th  of  August.  Our  joint  instructions,  contained 
in  your  despatch  of  the  28th  of  July,  did  not,  however,  reach  us  till 
the  Sd  of  September.  We  had  long  conversations  with  Lord  Castle- 
reagh, at  his  country  seat,  on  tlic  S^d  and  2rA  of  August,  but  could 
not,  owing  to  our  instructions  not  having  arrived,  discuss  with  him 
the  questions  of  the  fisheries,  and  of  the  West  India  intercourse.  lie 
left  London  on  the  1st  of  September.  The  official  co;iferences  had 
begun  on  the  27th  of  August,  and  fur  the  progress  of  the  negotiation, 
Vfe  beg  leave  to  refer  to  the  enclosed  copies  of  the  protocol,  and  doc- 
uments annexed  to  it,  and  of  two  unofficial  notes  sent  by  us  to  the 
British  plenipotentiaries.  We  will  add  some  observations  on  the 
several  objects  embraced  by  the  convention: 

1.  Fisheries. 

We  succeeded  in  securing,  besides  the  rights  of  taking,  and  cur- 
ing fish,  within  the  limits  designated  by  our  instructions,  as  a  sine 
qua  non,  the  liberty  of  fishing  on  the  coasts  of  the  Magdalen  Islands, 
and  of  the  western  coast  of  Newfoundland,  and  the  privilege  of  en- 
tering for  shelter,  wood,  and  water,  in  all  the  British  harbors  of 
North  America.  Both  were  suggested  as  important  to  our  fisher- 
men, in  the  communications  on  that  subject,  which  were  transmitted 
to  us  with  our  instructions.  To  tiie  exception  of  the  exclusive  rights 
of  the  Hudson's  Bay  Company,  we  did  not  object,  as  it  was  virtually 
implied  in  the  treaty  of  1783,  and  we  had  never,  any  more  than  the 
British  subjects,  enjoyed  any  right  there,  the  charter  of  that 
company  having  been  granted  in  the  year  1670.  The  exception  ap- 
plies only  to  the  coasts  and  their  harbors,  and  does  not  aficct  tiie 
right  of  fishing  in  Hudson's  Bay,  beyond  three  miles  from  the  shores, 
a  right  which  could  not  exclusively  belong  to,  or  be  granted  by,  any 
nation. 

The  most  difficult  part  of  the  negotiation  related  to  the  perma- 
nence of  the  right.  To  obtain  the  insertion  in  the  body  of  the  conven- 
tion of  a  provision  declaring  expressly  that  that  right  should  not  be 
abrogated  by  war,  was  impracticable.  All  that  could  be  done  was  to 
express  the  article  in  such  manner  as  would  not  render  the  right  lia- 
ble to  be  thus  abrogated.  The  words  "for ever"  were  inserted  for 
that  purpose,  and  we  also  made  the  declaration,  annexed  to  the  pro- 
tocol of  the  thi''d  conference,  tlic  principal  object  of  which  was  to 
provide  in  any  event  for  the  revival  of  all  our  prior  rights.  The  in- 
sertion of  the  words"  forever"  was  strenuously  resisted.  The  Bri- 
tish Plenipotentiaries  urged  that,  in  case  of  war,  the  only  cfiectof 


C71] 


10 


i 


:retary 


mclud- 

iations 
r.  Gal- 
iiid  ar- 
ntaincd 
1  us  till 
Castie- 
it  could 
ith  him 
rse.  He 
ices  had 
>tiatiun« 
nd  doc- 
9  to  the 
on  the 


and  cur- 
ls a  sine 
I  Islands, 
;e  of  cn- 
Li'bors  of 
ir  fishcr- 
nsinitted 
ve  rights 
brirtually 
han  the 
of  that 
)tion  ap- 
liQcct  the 
shores, 
by,  any 

perma- 
J  conven- 
Id  not  be 
le  was  to 
[ight  lia- 
ii-teA  for 
[the  pro- 
li  was  to 
iThein- 
Ihe  Bri- 

effect  of 


those  words  being  omitted,  or  of  tite  article  being  considered  as  ab- 
rogated, would  be  the  necessity  of  insertiiig  in  the  treaty  of  peace  a 
new  9*'ticlc  renewing  the  present  one,  and  that  after  all  that  had 
passed,  it  would  certainly  be  deemed  expedient  to  do  it,  in  whatever 
manner  the  condition  was  now  expressed.  Wc  declared  that  we  would 
not  agree  to  any  article  on  the  subject,  unless  the  words  were  pre- 
served, or  in  case  they  should  enter  on  the  protocol  a  declaration  im- 
pairing their  effect. 

It  will,  also,  he  perceived  that  wc  insisted  on  the  clause  by  which 
the  United  States  renounce  their  right  to  the  fisheries  relinquished 
by  tlic  convention,  that  clause  having  been  omitted  in  the  first  Bri- 
tish counter-projct.  We  insisted  on  it  with  the  view,  1st:  Of  pre- 
venting any  implication  that  the  fisiierics  secured  to  us  were  a  new 
grant,  and  of  placing  the  |)erinanerice  of  the  rights  secured,  and  of 
those  renounced,  precisely  on  the  same  tooting.  2d.  Of  its  being  ex- 
pressly stated  that  our  renunciation  extended  only  to  the  distance  of 
three  miles  from  the  coasts.  This  last  point  was  the  more  important, 
as,  with  the  exception  of  the  fishery  in  open  boats,  witiiin  certain 
harbors,  it  appeared,  from  the  ccMnmunications  abovemcntioned,  that 
the  fishing  ground  on  the  whole  coast  of  Nova  Scotia  is  more  than 
three  miles  from  the  shores;  whilst,  on  tlie  contrary,  it  is  almost  uni- 
versally close  to  the  shore,  on  the  coasts  of  Labrador.  It  is  in  that 
point  of  view,  that  the  privilege  of  entering  the  ports  for  shelter  is 
useful,  and  it  is  hoped,  that,  witli  that  provision,  a  cansidcrable  por- 
tion of  the  actual  fisheries  on  that  coast  (of  Nova  Scotia)  will,  not- 
withstanding the  renunciation,  be  preserved. 


^ 


2.  Boundary  Line. 


This  being  definitively  fixed  at  the  49th  degree  of  north  latitude, 
from  the  Lake  of  the  Woods  to  the  Stoney  Mountains,  it  is  unneces- 
sary to  repeat  the  arguments  which  were  urged  on  that  subject.  The 
attempt  was  again  made  to  connect  with  it  an  article,  securing  to  the 
British,  access  to  the  Mississippi,  and  the  right  to  its  navigation. 
We  declared,  and  entered  the  declaration  in  the  protocol,  that  we 
could  not  agree  to  the  article,  nor  to  any  that  would  bring  the  Bri- 
tish in  contact  with  that  river.  The  British  Plenipotentiaries  having, 
by  the  protocol  of  the  seventh  conference,  agreed  to  the  omission  of 
the  article,  that  point  is  also  definitively  settled.  And  it  may  be  ob* 
served,  with  reference  to  the  treaty  of  1783,  that,  if  the  United  States 
have  not  secured  to  themselves  the  whole  of  the  fisheries  heretofore 
enjoyed  within  the  jurisdiction  of  Great  Britain,  they  have  obtained 
the  liberty  of  curing  fish  on  a  part  of  the  southern  coast  of  Newfound- 
land, and  the  abandonment  of  an  inconvenient  privilege  within  their 
own  territory. 

3.  Columbia  river. 

This  subject  was,  during  the  whole  negotiation,  connected  by  the  Bri- 
tish Plenipotentiaries  with  that  of  the  boundary  line.  They  appeared 
14 


106 


[71] 


altogether  unwilling  to  agree  to  this  in  any  shape,  unless  some  arrange- 
ment was  made  with  respect  to  the  country  westward  of  the  Stoney 
Mountains.  This  induced  us  to  propose  an  extension  of  the  boundary 
line,  due  west,  to  the  Pacific  Ocean.  We  did  not  assert  that  the  Unit- 
ed States  bad  a  perfect  riglit  to  that  country,  but  insisted  that  their 
claim  was  at  least  good  against  Great  Britain.  Tlie  49th  degree  of 
north  latitude  had,  in  pursuance  of  the  treaty  of  Utrecht,  been  fixed, 
indefinitely,  as  the  line  between  the  northern  British  possessions,  and 
those  of  France,  including  Louisiana,  now  a  part  of  our  territories. 
There  was  nw  reason  why,  if  the  two  countries  extended  their  riaiins 
westward,  the  same  line  should  not  be  continued  to  the  Pacific  Ocean. 
So  far  as  discovery  gave  a  claim,  ours,  to  the  whole  country  on  the 
waters  of  the  Columbia  river,  was  indisputable.  It  had  derived  its 
name  from  that  of  the  American  ship,  commanded  by  Captain  Gray, 
who  had  first  discovered  and  entered  its  mouth.  It  was  first  explor- 
ed, from  its  sources  to  the  ocoan,  by  Lewis  and  Clarke,  and  before  the 
British  traders  Irom  Canada  had  reached  any  of  its  waters:  for  it 
was  now  ascertained,  that  the  river  Tucoiitclie  Tesse,  discovei'ed  by 
McKenzie,  and  which  he  had  mistaken  for  the  Columbia,  was  not  a 
branch  of  this  river,  but  fell  into  the  sound  called  **  tiie  Gulph  of 
Georgia.  The  settlement  at  the  place  called  Astoria,  was  also  the 
first  permanent  establishment  made  in  that  quarter.  The  British 
Plenipotentiaries  asserted,  that  former  voyages,  and  principally  that 
of  Captain  Cook,  gave  to  Great  Britain  the  rights  derived  from  dis- 
covery, and  they  alluded  to  purchases  from  the  natives  south  of  the 
river  Columbia,  which  they  alleged  to  have  been  made  prior  to  the 
American  Revolution.  They  did  not  make  any  formal  proposition 
for  a  boundary,  but  intimated,  that  the  river  itself  was  the  most  con- 
venient that  could  be  adopted,  and  that  they  would  not  agree  to  any 
that  did  not  give  them  the  harbor  at  the  mouth  of  the  river,  in  com- 
mon with  the  United  States.  We  stated  that  we  could  not  agree  to 
this,  but  expressed  our  readiness  and  our  wish  to  insert,  in  the 
boundary  article,  a  proviso  similar  to  what  had  been  proposed  on 
former  occasions,  and  which  would  leave  that  subject  open  for  ar- 
rangement hereafter.  To  this  they  would  not  consent,  and  offered 
the  article  annexed  to  the  protocol  of  the  fifth  conference.  We  de- 
clared, that  we  preferred  not  signing  any  article  for  the  boundary 
line,  eastward  of  the  Stoney  M(»untains,  to  acrpiiescing  in  that  ar- 
rangement. We  did  not  know  with  precision  what  value  our  govern- 
ment set  on  the  country  to  the  westward  of  those  mountains,  but  we 
were  not  authorized  to  enter  into  any  agreement  wliich  would  be  tan- 
tamount to  an  abandonment  of  the  claim  to  it.  It  was  at  last  agreed, 
but,  as  we  thought,  with  some  reluctance  on  the  part  of  the  British 
Plenipotentiaries^  that  the  country  on  the  northwest  coast,  claimed 
by  either  party,  should,  without  prejudice  to  tlie  claims  of  eitlier,  and 
for  a  limited  time,  be  opened  for  tlie  purp(»ses  of  trade,  to  the  inhabi- 
tants of  both  countries.  The  im|)ortaiiro  which  seems  to  have  been 
attached  to  that  subject  by  (jreat  Britain,  induces  a  belief  that  it 
will  again  be  brought  forward,  at  some  future  occasion,  with  a  view 
to  a  definitive  arrangement. 


[71] 


107 


4.  Slaves. 

I'l 

After  having  referred  to  wliat  had  already  passed  on  that  subject, 
we.  insisted  that  Lord  Castiereagh,  having,  in  his  letter  to  Mr. 
Adams,  of  April  10th,  1816,  declared  that  **  the  British  government 
would  not  resist  the  claim  of  the  United  States  to  indemnification  for 
slaves,  or  private  property  belonging  to  their  citizens,  which  could 
be  proved  to  have  been  in  places  directed  to  be  restored  by  the  trea- 
ty of  Ghent,  at  the  date  of  the  ratifications,  and  to  have  been  after- 
wards  removed;"  and  it  being  in  proof,  by  the  correspondence  of  Cap- 
tain Clavelle,  and  of  Admiral  Cockburn,  that  slaves  had  been  remov- 
ed from  Tangier  Island,  and  from  Cumberland  Island,  subsequent  to 
the  ratifications,  the  claim  for  indemnification,  to  that  extent,  had 
tliiis  been  already  fully  admitted  by  the  British  government.  With 
respect  to  slaves,  removed  on  ship  board  previous  to  the  ratifications, 
and  for  which  Lord  Castlereagli  denied  that  our  claim  to  indemnity 
could,  with  Justice,  extend;  we  urged,  that  such  of  our  harbors  and 
waters  as  were  in  the  possession  of  the  British,  at  the  date  of  the 
ratifications,  were  strictly  within  the  moaning  of  places  to  be  restor- 
ed; that  they  were  accordingly  actually  restored;  and  it  necessarily 
followed,  that,  according  to  Lord  Castlereagh's  construction,  the  Bri- 
tish were  hound  not  to  have  carried  away  any  slaves,  who  were  then 
on  board  British  vessels,  lying  within  any  such  harbors  or  waters. 

The  British  Plenipotentiaries  offered  as  a  substitute  to  the  article 
we  had  proposed,  one  to  refer  the  subject  to  a  friendly  sovereign. 
This  we  could  not  reject,  as  the  proposal  had  originated  with  the 
United  States,  and  was  now  unconnected  with  the  questions  respect- 
ing the  boundary  line,  and  the  Columbia  river.  We  proposed,  that 
the  Emperor  of  Russia  should  be  designated,  in  the  article,  as  the 
umpire.  This  was  rejected,  on  tiie  ground,  that,  if  he  should  refuse 
to  act,  the  agreement  would  become  null,  and  that  it  would  be  inex- 
pedient, if  at  all  practicable,  to  provide  by  the  article  for  that  con- 
tingency, so  as  to  secure  the  object  in  view.  It  was  added,  that  the 
sitverei^n  could  be  fixed  upon  at  a  future  day  by  the  two  governments, 
through  Mr.  Rush  and  Lord  Castlereagli. 

5.  Commercial  Interconrse» 


The  subject  of  the  intercourse  with  the  West  Indies  was  fully  dis- 
cussed, and  not  thinking  ourselves  authorized  to  accede  to  the  last 
proposals  of  the  British  Plenipotentiaries,  which  are  annexed  to  the 
protocol  of  the  8th  conference,  an  entry  was  made,  that  we  had  taken 
fliem,  ad  referendnnif  to  our  government.  The  negotiation  being 
kept  open,  in  that  respect,  we  agreed,  in  conformity  with  our  in- 
structions, to  an  article,  continuing  in  force,  for  ten  years,  the  com- 
mercial convention  of  1815.  It  was  fully  understood,  on  both  sides, 
that  if  no  agreement  should  be  ultimately  concluded,  with  respect  to  the 
colonial  intercourse,  no  ground  of  complaint  would  arise  on  account 
of  any  restrictive  measures  whatever,  that  the  United  States  might 


M 


108 


C  71  3 


1 


adopt  on  tliat  su*\ject;  and  we  stated,  expressly,  tiiat  sucii  measures 
would,  in  all  probability,  be  extended  to  the  intercourse  with  Ber- 
muda, and  with  the  British  niu'thern  colonies;  that,  if  the  direct  trade 
with  the  West  Indies  was  not  allowed,  the  United  States  would  not 
be  disposed  to  suffer  it  to  be  carried  on  through  any  other  interme- 
diate Britis!*  port. 

It  appeared  evident  to  us,  both  from  our  instructions  and  from  the 
act  of  Congress,  that  a  perfect  reciprocity  and  equality  must  i)6  the 
basis,  as  well  as  a  sine  qua  non^  of  any  arrangement  of  the  intercourse 
with  the  West  Indies.  And  we  understood  this  basis  to  embrace  the 
follow ing  objects. 

1.  British  vessels  to  be  permitted  to  import  from  the  British  West 
Indies  into  the  United  States,  and  to  export  from  the  United  States  to 
the  British  West  Indies,  only  such  articles  of  the  produce  of  the  said 
West  Indies,  and  of  the  United  States,  respectively,  as  American 
vessels  should  be  permitted  to  export  from,  and  to  import  into  the 
British  West  Indies. 

2.  The  duties  on  the  vessels,  and  on  the  cargoes,  to  be  recipiocally 
the  same,  whether  the  vessels  were  American  or  British. 

3.  The  duties  on  the  importation  of  American  produce,  into  the 
British  West  Indies,  not  to  be  higher  when  the  produce  was  import- 
ed directly  from  the  United  States,  than  when  imported  in  a  circui- 
tous manner;  with  a  reciprocal  condition  for  the  importation  of  West 
India  produce  into  the  United  States. 

4.  The  intercourse  in  British  vessels  to  be  allowed  only  with  such 
West  India  ports,  as  would  be  opened  to  the  American  ves.^els. 

5.  The  British  vessels,  allowed  to  cai  ry  on  that  trade,  to  be  only 
of  the  same  description,  with  the  American  vessels  admitted  in  the 
British  West  Indies. 

To  that  basis,  as  thus  stated,  the  British  plenipotentiaries  acceded. 
But  when  the  further  details  of  the  proposed  arrangement  were  taken 
into  consideration,  several  important  points  occurred  which  had  not 
been  contemplated  in  our  instructions,  and  on  which  we  were  not 
BUiiiciently  acquainted  with  the  intentions  of  our  government. 

The  basis  of  reciprocity  once  established,  was  it  proper  to  agree 
to  a  direct  intercourse,  limited  on  both  sides,  to  certain  articles  of  the 
produce,  either  of  the  United  States,  or  of  the  West  Indies?  And 
if  such  limitation  was  admissible,  to  what  extent?  And,  what  arti- 
cles might  we  consent  to  except? 

If  tlie  direct  intercourse  was  thus  limited  to  certain  articles,  would 
an  indirect  intercourse  be  admissible,  between  the  United  States  and 
Bermuda,  Nova  Scotia,  New  Brunswick,  embracing  articles  of  West 
India  produce,  or  of  the  produce  of  the  United  States,  destined  for 
the  West  Indies,  other  than  were  admitted  to  be  imported,  or  ex- 
ported in  a  direct  manner? 

As  the  British  government  W'ould  retain  the  power  of  laying  duties 
on  the  produce  of  the  United  States,  imported  into  the  West  Indies, 
and  would  not  lay  any  on  similar  articles  imported  therein,  from  any 
pai't  of  the  British  dominions,  ought  we  to  assent,  without  any  con- 
dition or  exception^  to  the  clause  annexed  to  the  first  article,  formerly 


[71] 


109 


5ures 
Bor- 
trade 
Id  not 
ermc- 

im  the     V 
[)e  the 
course 
Lce  tiie 

I  West 
ates  to 
te  said 
lei'ican 
ito  the 

locally 

ito  the 

inport- 

circui- 

)f  West 

th  such 
s. 

be  only 
1  in  the 

cceded. 
e  taken 
lad  not 
ere  not 


o  agree 
s  of  the 
And 
at  arti- 


t  would 
tes  and 
of  West 
ined  foi* 
or  ex- 

\g  duties 
Indies, 
rom  any 
Iny  con- 
[ormerly 


i 


proposed  by  that  government,  and  by  which  no  higher  duties  should 
be  laid,  respectively,  on  the  produce  of  either  country,  than  on  simi- 
lar articles  imported  from  any  other  foreign  country? 

We  thought  it  safer  to  err  on  our  own  side  of  the  question,  and  to 
ask  fur  more  than,  perhaps,  under  all  circumstances,  we  expected  to 
obtain,  rather  than  to  limit  our  demands  to  less  than  might  be  intend- 
ed by  our  government.  The  articles  which  we  proposed  at  the  third 
conference,  were  drawn  with  that  view;  and  the  British  plenipoten- 
tiaries immediately  stated,  that  they  were  inadmissible,  and  amount- 
ed to  a  much  greater  departure  from  the^  colonial  policy  of  Great 
Britain  than  she  was  prepared  to  allow.  They  did  not  v  ter  into 
any  abstract  defence  of  that  policy,  but  they  strongly  urged  the  im- 
possibility of  breaking  down,  at  once,  a  system  still  favoured  by  pub- 
lic opinion,  and  supported  by  various  interests,  >Vhich  could  not  be 
disregarded.  Tiie  fish  and  lumber  of  the  northern  colonies;  the 
salted  provisions,  and  even  the  flour,  of  Ireland;  the  shipping 
interest,  and  that  of  non-residing  West  India  planters,  were  all 
alluded  to.  Having  once  admitted  the  basis  of  perfect  reciprocity 
with  respect  to  the  direct  intercourse,  they  thought  that  the  United 
States  ought,  for  the  present,  to  be  satisfied  with  an  arrangement 
which  would  admit  a  considerable  number  of  articles  to  be  carried 
directly,  that  they  should  not  insist  on  the  exclusion,  in  the  inter- 
course with  Halifax,  St.  Johns,  and  Bermuda,  of  those  articles  which 
might  not  be  included  in  the  list  of  those  admitted  in  the  direct  inter- 
course with  the  West  Indies;  and  that  we  ought  not  to  object  to  the 
natural  right  of  Great  Britain  to  lay  protecting  duties  in  favor  of 
the  produce  of  her  own  possessions. 

We  admitted  that  the  last  princi])le,  as  an  abstract  proposition, 
was  unexceptionable,  but  observed,  that  the  practical  effect  of  the 
condition  on  whicTi  they  insisted,  was  altogether  partial.  Since  they 
persevered  in  making  a  distinction  between  the  intercourse  with 
England,  and  that  with  her  colonies,  and  even  between  that  with  her 
northern  American  colonies,  and  that  with  the  West  Indies,  the 
United  States  must,  in  a  commercial  view,  consider  them  as  so  many 
distinct  countries.  As  no  other  foreign  country  could  supply  the 
West  Indies  with  the  articles  which  were  the  produce  of  the  United 
States,  a  condition  which  would  prevent  Great  Britain  from  laying 
higher  duties  on  that  produce,  than  on  similar  articles,  the  produce 
of  other  foreign  countries,  was  nugatory,  and  to  us,  perfectly  useless. 
There  was,  in  that  respect,  no  competition  but  with  the  produce  of 
the  British  possessions.  We  found,  in  that  condition,  no  compensa- 
tion for  the  restriction  which  it  would  impose  on  the  United  States, 
to  lay  no  higher  duties  on  the  colonial  produce  of  the  British  posses- 
sions, than  on  that  of  other  countries.  The  propriety  of  limiting  the 
number  of  articles  to  be  carried  directly,  would  in  a  great  measure 
depend  on  the  list  which  might  be  proposed.  To  extend  it  to  other 
articles,  in  the  circuitous  intercourse  through  Halifax  and  Bermuda, 
would  give  to  the  British  tlie  exclusive  carriage  of  tliose  articles  from 
those  ports  to  the  West  Indiesi  and  vice  versa.,  and  be  inconsistent 


y 


110 


[71] 


-with  the  avowed  object  of  the  United  States,  that  of  an  equal  parti- 
cipation in  the  navigation  necessary  for  the  transportation  of  the  ar- 
ticles, of  which  their  trade  with  the  West  Indies,  as  allowed  by  Great 
Britain,  actually  consisted.  Yet  we  were  disposed  to  pay  due  regard 
to  the  various  considerations  which  had  been  presented  by  Great 
Britain,  and  to  listen  to  any  specific  proposals  she  might  be  prepared 
to  make.  No  part  of  the  articles  we  had  offered  was,  with  the  excep- 
tion of  the  basis  of  perfect  reciprocity,  to  be  considered  as  an  ultima- 
tum. We  would,  however,  say,  that  we  could  not  assent  to  any  arti- 
cle which  did  not  admit  on  the  one  hand,  naval  stores,  and  the  whole 
of  our  lumber,  and  on  the  other,  salt,  molasses,  and.  besides  rum,  a 
limited  quantity  of  sugar  and  coffee,  amongst  the  articles  of  the  direct 
trade. 

With  respect  to  duties,  after  having  suggested  witliont  success  that 
a  maximum  of  those  intended  for  the  protection  of  the  produce  of  the 
British  dominions,  might  be  agreed  on,  we  stated  tliat  there  were  at 
Jeast  two  provisions  which  con  Id  not  be  objected  to,  viz:  That  the 
United  States  should  remain  at  liberty  to  lay  higher  duties  on  the 
colonial  produce  of  the  Biitish  possessions,  than  on  that  of  those 
countries  where  we  were,  or  might  be  received  on  better  terms,  than 
in  the  British  West  Indies;  and  that  the  condition  which  would  pre- 
clude, generally,  such  higher  duties  beir)g  laid,  should  not  apply  to 
the  West  India  articles,  not  admitted  to  be  exported  directly  there- 
from in  American  vessels  to  the  United  States. 

The  result  of  several  free  conversations  was,  that,  as  it  was  alto- 
gether improbable  that  we  could,  at  this  time,  come  to  a  definitive  ar- 
rangement, the  British  IMenipotentiaries  should  offer  an  article  with 
the  intention  of  its  being  referred  to  our  [government. 

It  will  be  perceived  by  this,  that  they  admit  the  principle  of  reci- 
procity; that  they  make  no  exception  with  respect  to  the  description 
of  vessels;  that,  giving  up  the  article  formerly  proposed  for  Turk's 
Island,  they  also  admit  that  vessels  employed  in  the  trade  may  touch 
from  one  port  to  another,  and  that  to  the  list  of  articles  formerly  pro- 
posed are  added  naval  stores,  shingles,  and  staves,  and  a  more  gene- 
ral description  of  provisions.  They  continue  to  except,  altogether,  on 
the  one  hand,  sugar  and  coffee,  and  on  the  other  salted  fish  and  pro- 
visions, and  every  other  species  of  lumber  but  shingles  and  staves. 
The  only  essential  difference  between  this  list  of  articles  and  that 
proposed  for  the  intercourse  with  Bermuda  and  the  northern  colonies, 
consists,  as  far  as  relates  to  the  produce  of  the  United  States,  in  the 
lumber  not  admitted  in  the  direct  intercourse;  for  salted  fish  and 
provisions  are  equally  excluded  from  both:  but  it  is  proposed  that 
not  only  sugar  and  coffee,  but  also  ail  articles  of  the  produce  or  man- 
ufacture of  any  of  the  British  dominions  should  be  admitted,  through 
that  indirect  channel,  into  the  United  States.  We  stated,  when  we 
received  the  article,  that  it  ouglit  to  embrace  only  American  products, 
and  that  the  proposal  was  certainly  inadmissible,  so  far  as  related  to 
East  India  articles. 

With  respect  to  the  p(»rts  they  offer  in  tlie  West  Indies,  they  are 
the  same  with    those  proposed   by   us,  with  the  exception  of  St. 


L713 


111 


Ghristoplier's»  St.  Lucia,  Demarara,  Esequibo*  and  Berbice.  The 
three  last,  had  been  at  first  intended  to  be  included,  but  were  ulti- 
mately umittcd  by  the  British  Plenipotentiaries,  for  reasons,  con- 
nected, as  they  said,  with  their  engagements  with  Holland. 

We  cannot  state,  what  may  be  considered  as  an  ultimatum  in  that 
proposal.  We  are,  however,  induced  to  believe,  that  they  will  per- 
severe in  excluding  sugar,  and  some  species  of  lumber,  from  the  di- 
rect, and  salted  fish  and  provisions  from  both  the  direct  and  indirect 
intercourse;  that  they  will  insist  on  having  some  articles  admitted  ia 
that  indirect,  which  shall  be  excluded  from  the  direct  intercourse; 
and  that  they  will  be  tenacious  on  being  placed  on  the  footing  of  the 
most  favored  nation.  They  will  also  certainly  insist,  that  vessels 
from  Great  Britain  may  touch  at  any  port  in  the  United  States,  and 
take  cargoes  for  the  West  Indies,  of  such  articles  as  may  be  admitted 
in  the  direct  trade.  Without  such  provision,  (which  would  be  made 
reciprocal,  although  only  nominally  so,)  it  is  supposed  here,  tiiat, 
considering  our  proximity,  to  admit  our  vessels  to  a  participation 
on  an  equal  footing,  in  tlie  trade  between  the  United  States  and  the 
West  Indies,  would,  in  fact,  give  the  latter  the  wliole  navigation 
connected  with  that  trade.  It  must,  at  the  same  time,  be  observed, 
that  tlie  ])roposal  being  intended  for  reference,  and  not  for  immediate 
discussion,  the  British  Plenipotentiaries  may  have  been  cautious  not 
to  go  too  far.  Upon  the  whole,  we  hope,  that  if  our  negotiation 
does  not  pave  the  way  for  a  definitive  arrangement,  it  will,  at  least, 
have  served  to  make  our  government  better  acquainted  with  the  dis- 
positions of  this,  and  may  afford  some  assistance  with  respect  to  the 
further  proceedings  which  may  be  thought  expedient. 

It  having  been  ascertained,  that  the  British  government  would  not 
assent  to  any  article  on  the  subject  of  the  intercourse  by  land,  and 
inland  navigation,  with  Canada,  which  would  substantially  differ 
from  that  already  twice  rejected,  and  that  they  would  not  even  agree 
to  a  provision,  securing  to  us  the  right  of  taking  our  produce,  in  our 
own  boats  or  vessels,  down  the  St.  Lawrence,  as  far  as  Montreal, 
and  down  the  river  Chambly,  as  far  as  the  river  St.  Lawrence;  we 
thought  it  altogether  unnecessary  to  make  any  proposal  on  that  sub- 
ject, on  which,  indeed,  we  were  not  particularly  instructed/' 


ey  are 
of  St. 


...  No.  1. 

Protocol  of  the  first  Conference,  between  the  American  and  British  Plen- 
ipotentiaries, held  at  fVhitehall,  on  the  2.7  th  of  August,  1818. 

Present — Mr.  Gallatin,')  . 

Mr.  Rush,    'j  American. 

Mr.  Robinson,  1  n  -x-  • 
Mr.  Goulburn,  j  ^••*'«''- 

The  Plenipotentiaries  presented  and  exchanged  their  respective 
full  powers. 


112 


[71] 


It  was  agreed,  that  tlie  discussions  should  be  carried  on  by  con- 
ference and  protocol,  with  the  insertion  in  the  protocol  of  such  writ- 
ten documents,  as  either  party  might  deem  necessary,  for  the  purpove 
of  recording  their  sentiments  in  detail. 

The  British  plenipotentiaries  stated,  that  they  were  ready  to  pro- 
ceed at  once  to  the  signature  of  a  treaty,  renewing  the  commercial 
convention  of  1815  as  it  stands;  or  that  if  the  American  Plenipoten-> 
tiaries  should  prefer  to  delay  the  signature  of  such  a  treaty  of  re- 
newal, till  more  progress  should  have  been  made  in  the  discussion  of 
the  other  topics  which  it  is  the  objecl  of  the  two  governments  to  ar- 
range, no  objection  would  be  made  to  the  adoption  of  that  couise. 
But  it  was  explicitly  stated,  by  the  British  plenipotentiaries,  that, 
with  respect  to  all  those  other  topics  of  discussion,  whether  purely 
commercial,  or  partaking  more  of  a  political  character,  they  were 
instructed  not  to  consent  to  any  partial  or  separate  consideration  of 
them,  nor  to  select  any  one,  in  particular,  as  an  appendage  to  a  re- 
newal of  the  existing  commercial  convention. 

The  American  plenipotentiaries  acquiesced  in  the  division  of  the 
subject,  represented  by  the  British  plenipotentiaries  to  be  essential, 
but  stated  it  to  be  their  desire  not  to  sign  the  treaty  of  renewal  for 
the  present.  It  was,  however,  agreed,  that  the  eventual  signature  of 
that  instrument  should  not  be  made  contingent  upon  a  settlement  of 
the  other  points,  and  both  parties  declined  bringing  forward  any  pro- 
posed modification  of  it. 

It  was  agreed  to  meet  again  on  Saturday  at  two  o'clock. 

ALBERT  GALLATIN, 
RICHARD  RUSH, 
FREDERICK  JOHN  ROBINSON. 
HENRY  GOULBURN. 


^ 


No.  2. 

Protocol  of  the  second  conference  held  between  the  American  and  British 
Pltnipotentiaries  at  IFhitehall,  on  the  29th  of  August,  1818. 

Present — Mr.  Gallatin, 
Mr.  Rush, 
Mr.  Robinson, 
Mr.  Goulburn. 


The  Plenipotentiaries  agreed  upon,  and  signed  the  protocol  of  the 
preceding  conference.  Some  general  conversation  then  ensued  upon 
some  of  the  different  topics  of  discussion. 

The  American  Plenipotentiaries  stated,  that,  whenever  the  British 
Plenipotentiaries  were  prepared  to  submit  their  project  on  the  Im- 
pressment Question,  they  (the  American  Plenipotentiaries,)  would 
bring  forward  their  proposition  respecting  the  otlier  maritime  points; 
but  that  they  did  not  intend  to  bring  those  topics  before  the  confer- 


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^ 


enees  at  all,  unless  the  impressment  of  seamen  was  to  be  discusse 
on  the  part  of  Great  Britain. 

It  was  agreed  that  the  next  conference  should  take  place  on  Sep- 
j?ember  the  4th. 

ALBERT  GALLATIN, 

lUCHAUU  RUSH, 
•      '- .  FREDERICK  JOHN  ROBINSON, 

HENRY  GOULBURN. 


No.  3. 

Protocol  of  the  third  conference  held  between  the  American  and  British 
Pknipoientiaries.,  at  U hitehull,  on  the  ITthdayoJ  September,  1818. 

PRESENT — Mr.  Gallatin, 
Mr.  Rush, 
Mr.  Robinson, 
Mr.  Goulburn. 

The  conference  fixed  fur  the  4th  instant,  having  been  adjourned  by 
mutual  consent,  it  was  held  this  day. 

The  protocol  of  the  preceding  conference  was  agreed  upon  and 
signed. 

The  American  Plenipotentiaries,  after  some  previous  explanation 
of  the  nature  of  the  propositions  which  they  were  about  to  make,  sub- 
mitted the  five  annexed  articles,  (A,  B,  C,  D,)  upon  the  fisheries,  the 
boundary  line,  the  West  India  intercourse,  that  of  Nova  Scotia  and 
New  Brunswick,  and  the  captured  slaves;  the  tw  o  first  articles  they 
stated  to  be  drawn  as  permanent,  and  they  accompanied  that  respect- 
ing the  fisheries  with  the  annexed  explanatory  memorandum,  (E.) 

The  British  Plenipotentiaries  submitted  the  annexed  projet  of 
articles  respecting  the  impressment  of  seamen,  (F,)  and  they  express- 
ed their  conviction  that  a  consideration  of  these  articles  would,  under 
all  the  circumstances  of  difficulty  with  which  the  question  is  involv- 
ed, satisfy  the  American  Plenipotentiaries  of  the  sincere  and  earnest 
disposition  of  the  British  government,  to  go  every  practicable  length 
in  a  joint  effort  to  remove  all  existing  causes  of  difference,  and  to 
connect  the  two  countries  in  the  firmest  ties  of  harmony  and  good 
understanding. 

The  American  Plenipotentiaries  declared,  that  they  received  the 
proposition  entirely  in  the  same  spirit,  and  tllen  brought  forward  the 
annexed  articles,  (G,)  relating  to  other  maritime  points  which  at  the 
former  conference  they  had  aniiounccd  tiieir  intention  of  producing. 

They  also  subniitted  three  other  articles  as  annexed,  res[iecting 
wrecks,  &c,  &c.  (H.) 

It  was  agreed  to  meet  on  Fridav,  the  25th  instant. 

ALBERT  GALLATIN, 
RICHARD  RUSH, 
FREDERICK  JOHN  ROBINSON, 
15  HENRY  GOULBURN. 


il4 


[71] 


ARTICLE  A. 

Whereas,  diflferences  have  arisen  respecting  tlie  liberty  claimed  by 
the  United  States,  for  tbo  inhabitants  thereof,  to  tal(c,  dry,  and  cure 
fish,  nn  certain  coasts,  bays,  harbors,  and  rreoiis,  of  his  Britannic 
Majesty's  dominions  in  America:  It  is  agreed,  between  the  high 
contracting  parties,  that  the  iniiabitants  of  the  said  United  States  shall 
continue  to  enjoy,  unmolested,  forever,  the  liberty  to  take  fish,  of 
every  kind,  on  that  part  of  the  southern  coast  of  Newfoundland, 
which  extends  from  Cape  Ray  to  the  Uamian  Islands,  and  the  west- 
ern and  northern  coast  of  Newfoundland,  from  the  said  Cape  Ray 
to  Quirpon  Island,  on  the  Magdalen  Islands;  and,  also,  on  the  coasts, 
bays,  harbors,  and  creeks,  trom  Mount  Joly,  on  the  southern  <!!oast 
of  Labrador,  to,  and  through,  the  streights  of  Belleisle,  and  thence 
northwardly,  indeHnitely  along  tlic  coast;  and  that  the  American  fish- 
ermen shall  also  have  liberty,  forever,  to  dry  and  cure  fish  in  any 
of  the  unsettled  bays,  harbors,  and  creeks,  of  the  southern  part  of  the 
coast  of  Newfoundland  heieabove  described,  of  the  Magdalen  Islands, 
and  of  Labrador,  as  liereabovc  described:  but  so  soon  as  the  same,  or 
either  of  them,  shall  be  settled,  it  shall  not  be  lawful  for  the  said  fisher* 
men  to  dry  or  cure  fish  at  such  f;ettlement,  w  ithout  previous  agreement 
for  that  purpose,  with  the  iniiabitants,  proprietors,  or  possessors  of  the 
ground;  and  the  United  States  hereby  renounce  any  liberty  hereto- 
fore enjoyed,  or  claimed  by  the  inhabitants  thereof,  to  take,  dry,  or 
cure  fish  on,  or  within  three  marine  miles  of  any  of  the  coasts,  bays, 
creeks,  and  harbors,  of  his  Britannic  Majesty's  dominions  in  Ame- 
rica, not  included  within  the  above-mentioned  limits.  Provided, 
however,  that  the  American  fishermen  shall  be  admitted  to  enter  such 
bays  and  harbors,  for  the  purpose  only  of  obtaining  shelter,  wood, 
water,  and  bait;  but  under  such  restrictions,  as  may  be  necessary 
to  prevent  their  drying  or  curing  fish  therein,  or  in  any  other  man- 
ner abusing  the  privilege  hereby  reserved  to  them. 

* 

ARTICLE  B. 

It  is  agreed  that  a  line,  drawn  due  north  or  south,  as  the  case  may 
require,  from  the  most  northwestern  |)oiiit  of  the  Lake  of  the  Woods, 
until  it  shall  intersect  the49th  parallel  of  nortii  latitude,  and  from  the 
point  of  such  intersection,  due  west,  along  and  with  tiio  said  parallel, 
shall  be  the  line  of  demarcation  between  the  territories  of  the  Unit- 
ed States  and  those  of  his  Britannic  Majesty,  to  the  westward  of  the 
said  lake,  and  that  the  said  line  sliall  form  tlie  northern  boundary  of 
the  said  territories  of  the  United  States,  and  the  southern  boundary 
of  his  Britannic  Majesty's  said  terrkories,  from  the  said  lake  to  the 
Pacific  Ocean:  it  being,  however,  distinctly  understood,  that,  with 
respect  to  tlie  territories  situated  on  the  northwest  coast  of  America, 
or  westward  of  the  Stoney  Mountains,  the  two  high  contracting  par- 
ties intend  hereby  to  define  tlie  extent  of  their  respective  claims,  so 
far  only  as  relates  to  the  two  parties,  and  without  reference  to  the 
claims  of  any  other  nation. 


i|' 


[71] 


115 


> 


The  inhabitants  of  the^two  countries,  respectively,  shall  have  lib- 
erty freely  to  come  witli  their  ships  and  cargoes  to  all  such  places, 
ports,  and  rivers,  on  the  northwest  coast  of  America,  as  belong  to, 
or  may  be  in  the  possession  of  either  of  the  two  high  contracting  par- 
ties, and  shall  be  admitted  and  treated,  with  respect  to  their  said 
ships  and  cargoes,  and  to  trade,  ^nerally,  on  the  same  terms,  and 
in  the  same  manner,  as  the  inhabitants,  vessels,  and  cargoes,  of  the 
country  owning  or  having  possession  of  such  places,  ports,  or  ri- 
vers. The  navigation  of  the  rivers  that  fall  into  the  Pacific  Ocean, 
and  which  may  be  intersected  by  the  line  of  demarcation,  aforesaid, 
shall,  from  the  sources  of  such  branches  as  may  be  thus  intersected, 
to  the  ocean,  remain  free  and  open  to  the  citizens  of  the  United  States, 
and  to  the  subjects  of  Great  Britain.  But  both  parties  reserve  to 
themselves  the  power  of  regulating,  each  within  their  respective  ter- 
ritories, the  right  to  the  navigation  of  the  rivers  that  fall  cither  into 
the  Gulf  of  Mexico  or  into  Hudson's  Bay. 


II 


lii 


ARTICLE  G. 


i| 


It  is  agreed  that  vessels  of  the  United  States  shall  have  liberty  to 
import  from  any  of  the  ports  of  the  United  States,  to  which  any  fo- 
reign vessels  are  |icrmittcd  to  come,  into  any  of  the  following  ports 
of  His  Britannic  Majesty's  dominions  in  the  West  Indies,  and  on  the 
continent  of  South  America,  viz:  the  ports  of  Kingston,  Savannah 
La  Mar,   Montego  Bay,    Santa  Lucia,  Antonio,  Saint  Ann,  B'al- 
moutli,  and  Porto  Muria,  in  the  island  of  Jamaica;  the  port  of  San 
Joseph,  in  the  island  of  Trinidad;  the  port  of  Scarborough,  in  the 
island  of  Tobago;  the  port  of  St.  George,  in  the  island  of  Grenada; 
the  port  of  Kingston,  in  the  island  of  St.  Vincent;  the  port  of  Bridge- 
town, in  the  island  of  Barbadoes;  the  principal  port  of  the  island  of 
St.  Lucia;  the  port  of  Rosscau,  in  the  island  of  Dominica;  the  port  of 
St.  John's,  in  the  island  of  Antigua;  the  port  of  Basseterre,  in  the 
island  of  St.  Christopher's;  the  purt  of  Road  Harbor,  in  the  island 
of  Tortola;  the  principal  port  of  Turk's  Island;  the  port  of  Nassau, 
in  the  island  of  New  Providence;  the  port  of  Pitt's  Town,  in  Crook- 
ed Island;  the  principal  port  of  the  island  of  Bermuda;  the  principal 
port  in  the  colony  of  Demarara,  and  the  principal  port  in  the  colony 
of  Berbice,  tobacco,  naval  stores,  live  stock,  and  every  species  of 
provisions,  and  lumber,  being  of  the  growth,  produce,  or  manufacture 
of  the  United  States;  and  the  said  vessels  shall  also  have  liberty  to 
import,  in  the  same  manner,  every  other  article  of  the  growth,  pro- 
duce, or  manufacture  of  the  United  States,  the  importation  of  which, 
into  the  abovemcntioned  British  islands  and  colonies,  shall  not  be 
entirely   prohibited  from   every  other    place   whatever,  if  of  the 
growth,  produce,  or  manufacture  of  the  United  States,  and  from 
every  other  foreign  country  or  place,  if  of  the  growth,  produce,  or 
manufacture  of  any  other  foreign  country  or  place.  The  said  vessels. 


f:-\ 


n 


116 


[71] 


coming  directly  from  any  of  the  at'oresnid  purts  of  the  United  States, 
shall,  likewise,  have  liberty  to  export  from  any  of  the  aforesaid  ports 
of  His  Britannic  Majesty's  dominions,  to  any  of  the  aforrsaid  ports 
of  the  United  States,  sugar,  coffee  molasses,  and  salt,  being  of 
the  growth,  produce,  or  manufacture,  of  any  of  the  abovementioned 
British  islands  and  colonies:  And  the  said  \essels  shall  also  have  li« 
berty  to  export,  in  the  same  manner,  any  other  article  of  thu  said 
growth,  produce,  or  manufacture,  the  exportation  of  which, 
from  the  said  British  islands  and  cohmies,  to  every  other  fo- 
reign country  or  place,  shall  not  be  entirely  prohibited:  Provided, 
however,  that  the  quantity  of  sugar  and  coffee,  which  may  be  thus 
exported,  shall  not,  for  each  vessel,  exceed  the  rate  of  five  hundred 
vreigitt  of  both  together,  for  eacli  ton  of  the  burthen  of  such  vessel. 

Uritisli  vessels  shall,  in  the  same  manner,  have  liberty  to  import 
from  any  of  the  aforesaid  ports  of  his  Britannic  Majesty's  domin- 
ions, into  any  of  the  aforesaid  ports  of  the  United  States,  sugar,  cof- 
fee, molasses,  and  salt,  being  of  the  growth, produce,  or  manufacture 
of  the  above  mentioned  British  ishuids  and  colonies:  and  the  said 
"vessels  shall  also  have  liberty  to  import,  in  the  same  mannei*,  any 
other  article  of  the  said  growth,  produce,  or  manufacture,  the  export- 
ation of  which,  from  the  said  islaiuls  and  colonies,  to  the  United 
States,  shall  be  allowed  in  vessels  of  the  United  States,  and  the  impor- 
tation of  which,  into  the  said  United  States  from  every  foreign  country 
or  place,  shall  not  be  entirely  prohibited.  Provided*  however^  That 
the  quantity  of  sugar  and  colfce,  which  may  be  thus  imported,  shall 
not  exceed,  for  each  vessel,  the  rate  of  five  hundred  weiglit  of  both 
together,  for  each  ton  of  the  burtlien  of  such  vessel.  The  said  ves- 
sels, coming  directly  from  any  of  the  aforesaid  ports  of  his  Britannic 
Majesty's  dominions,  shall  likewise  have  liberty  to  export  from  any 
of  the  aforesaid  ports  of  the  United  States,  to  any  of  the  aforesaid 

Iiorts  of  his  Britannic  Majesty's  dominions,  tobacco,  naval  stores, 
ivc  stock,  and  every  species  of  provisions  and  lumber,  being  of  the 
growth,  produce,  or  manufacture  of  the  United  States;  and  the  said 
vessels  shall  also  have  liberty  to  export,  in  the  same  manner,  every 
other  article,  the  growth,  produce,  or  manufacture  of  the  United 
States,  the  importation  of  whi(  li,  into  the  said  British  ports  from  the 
said  United  States,  shall  be  allowed  in  vessels  of  the  United  States, 
and  the  exportation  of  whicli,  from  the  said  United  States,  to  every 
foreign  country  or  place,  shall  not  be  entirely  prohibited. 

The  vessels  of  either  of  the  two  parties,  employed  in  the  trade  pro- 
vided for  by  this  article,  shall  be  admitted  in  the  ports  of  the  other 
party,  as  above  mentioned,  without  paying  any  other  or  higher  du- 
ties or  charges  than  those  payable  in  the  same  ports  by  the  vessels 
of  such  other  paity;  and  they  shall  have  liberty,  respectively,  to 
touch,  during  the  same  voyage,  at  one  or  more  of  the  ports  above 
mentioned,  of  the  other  party,  for  the  purpose  of  disposing  of  their 
inward,  oi  "f  raking  on  board  their  outward  cargoes. 

^oothei'  01  higher  duties  shall  he  paid  on  the  importation  into  the 
United  States^  of  any  of  the  articles  which  may  be  imported  ther£- 


H 


I 


Ic  pro- 

otlier 

liei*  du- 

kesscls 

|ely,  to 

above 

their 

ito  the 
I  there- 


[71  3 


417 


in  by  virtue  of  this  article,  when  imported  in  British  vessels,  than 
when  imported  in  vessels  of  the  United  States,  nor  when  imported 
directly  from  the  above  mentioned  ports  of  his  Britanni<  M  .ijesty's  di>- 
miiiious,  than  when  imported  in  a  circuitous  manner.  Auti  no  other 
or  higher  duties  shall  be  paid,  on  the  importation  into  the  above  men- 
tinned  ports  of  his  Britannic  Majesty's  dominions,  of  any  of  the  ar- 
ticles w'hicii  may  be  imported  therein  by  virtue  of  this  artiile,  when 
imported  in  vessels  of  the  United  States,  than  when  imported  in  Bri- 
tish vessels,  nor  when  imported  directly  from  the  United  States,  than 
when  im|M)rtcd  in  a  circuitous  manner. 

The  same  duties  shall  be  paid,  and  the  same  bounties  shall  be  al- 
lowed on  tlic  exportation  of  any  articles  which  may,  by  virtue  of  this 
article,  be  exported  either  from  the  above  mentioned  British  islands 
anil  colonies,  to  the  United  States,  or  from  the  said  United  States, 
to  the  said  islands  and  colonies,  whether  such  exportation  shall  be  in 
vessels  of  the  United  States,  or  in  British  vessels.  And  the  arti- 
cles tlius  exported,  shall,  in  the  dominions  of  both  parties,  respective- 
ly, pay  the  same  duties,  and  be  allowed  the  same  bounties,  on  the  ex- 
portation thereof,  as  when  exported  to  any  other  foreign  country  or 
place  whatever. 

ARTICLE. 

British  vessels  shall  have  liberty  to  export  from  any  of  the  ports 
of  the  United  States,  to  which  any  foreign  vessels  are  permitted  to 
come,  to  tiie  ports  of  Halifax,   in  His  Britannic  Majesty's  province 
of  Nova  Scotia;  to  the  Port  of  St.  John's,  in  His  Britannic  Majes- 
ty's province  of  New  Brunswick;  and  to  any  other  port  within  the 
said  provinces  of  Nova  Scotia  or  New  Brunswick,  to  which  vessels 
of  any  other  foreign  nation  shall  be  admitted,  any  article  of  the 
growth,  produce,  or  manufacture,  of  the  United  States,  the  impor- 
tation of  which,  from  the  said  United  States  into  His  Britannic  Ma- 
jesty's dominions  tn  the  West  Indies,  and  on  the  continent  of  South 
America,  shall  be  allowed  in  vessels  of  the  United  States,  by  virtue 
of  the  next  preceding  article  of  tliis  treaty,  and  the  exportation  of 
which,  from  the  United  States  to  every  other  foreign  country,  or  place, 
shall  not  be  entirely  prohibited;  and  vessels  of  the  United  States  shall, 
in  like  manner,  iiavc  liberty  to  import  from  any   of  the  aforesaid 
ports  of  the  United  States,  into  any  of  the  aforesaid  ports  within  the 
said  provinces  of  Nova  Scotia  and  New  Brunswick,  any  of  the  arti- 
cles, the  growth,  produce,  or  manufacture  of  the  said  United  States, 
the  exportation  of  which,  from  the  said  United  States  to  the  said 
provinces,  shall  be  allowed  in  British  vessels,  and  the  importation  of 
winch  into  the  said  provinces,  from  every  other  foreign  country,  or 
place,  shall  not  be  entirely  ])rohibited. 

British  vessels  shall  also  have  liberty  to  import  from  any  of  the 
aforesaid  ports,  within  the  provinces  of  Nova  Scotia  and  New  Bruns- 
wick, into  any  of  the  aforesaid  ports  of  the  United  States,  gypsum 
and  grindstones,  the  produce  or  manufacture  of  the  said  provinces, 
and  tliey  shall  likewise  liavc  liberty  to  import  in  the  same  manner 
any  other  article  of  the  growth^  produce,  or  manufacture  ot  tiio  saijl 


i 


118 


[71] 


#' 


■i1 


provinces,  the  exportation  of  which  from  the  said  provinces  to  the 
United  States,*shall  be  allowed  in  vessels  of  the  United  States,  and 
the  importation  of  which  into  the  said  United  States  from  every  other 
foreign  country,  shall  not  be  altogether  prohibited.  \nd  vessels  of 
the  United  States  shall  have  liberty  to  export  from  the  said  provin- 
ces to  the  said  United  States,  gypsum  and  grindstones,  the  produce 
or  manufacture  uf  the  said  provinces;  and  they  shall  likewise  have 
liberty  to  export,  in  the  same  manner,  any  other  article  of  the  growth, 
produce,  or  manufacture  of  the  said  provinces,  the  exportation  of 
-which  to  every  other  foreign  country  shall  not  be  entirely  prohibited. 
'  The  vessels  of  either  «)f  the  two  parties  employed  in  the  trade  pro- 
vided for  by  this  article,  shall  be  admitted  in  the  ports  of  the  other 
party,  as  above  mentioned,  without  [laying  any  other  cr  higher  du- 
ties or  charges,  than  those  payable  in  the  same  ports  by  the  vessels 
of  such  other  party.  The  same  duties  shall  also  be  paid,  respective- 
ly, in  the  dominions  of  both  parties,  on  the  importation  and  on  the 
exportation  of  the  articles  which  may  be  impoi'tf'd  or  exported  by 
virtue  of  this  article,  and  the  same  bounties  shall  also  be  allowed  on 
the  exportation  thereof,  whether  such  importation  or  exportation 
shall  bu  in  vessels  of  the  United  States,  or  in  British  vessels. 

ARTICLE   D. 

Whereas  complaints  have  been  made  by  divers  inhabitants  of  the 
United  States,  that  several  slavis,  their  private  property,  were  car- 
ried away  from  the  United  States  contrary  to  the  intentions  of  the 
Urst  arti<le  of  the  treaty  of  ponce  and  amity,  concluded  at  Ghent,  be- 
twi'cn  the  two  high  contracting  parties,  on  the  24th  day  of  December, 
one  thousand  eiglit  hundred  and  fourteen:  it  is  agreed  that  full  com- 
jiensation  shall  be  made  by  the  British  govenniient  to  the  said  com- 
plainants, for  all  slaves,  their  private  property,  who,  at  the  date  of 
the  exchange  of  the  ratifications  of  the  said  treaty,  were  in  any  terri- 
tory, places,  or  possessions,  whatsoever,  directed  h>  the  said  treaty 
to  be  restored  to  the  United  States,  but  then  still  occupied  by  the  Bri- 
tisli  forces,  and  who  were  afterwards  removed  or  carried  away  by 
the  said  forces,  whether  such  slaves,  as  aforesaid,  were,  at  the  date 
aforesaid,  on  shore,  or  on  board  any  vessels  lying  in  waters  which, 
being  within  the  territory  or  jurisdiction  of  tlie  United  States,  were 
to  be  restored  to  them.  And,  lor  tl»e  purjmse  of  truly  ascertaining  the 
Dumber  and  value  oCtlie  said  slaves,  three  commissioners  shall  be  ap- 
pointed and  authoiizcd  t(»  meet  and  art  in  manner  following,  that  is 
to  say;  one  shall  be  appointed  by  the  l*resident  of  tiie  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  one  by 
his  liritannic  Majesty;  and  the  said  two  commissioners  shall  agree 
on  the  ciioice  of  a  third;  or,  if  they  cannot  so  agree,  they  shall  each 
propose  one  person,  and,  of  the  two  names  so  proposed,  one  shall  be 
drawn  by  lot,  in  the  presence  of  the  two  original  commissioners.  The 
three  commissioners,  thus  appointed,  shall  first  meet  at  the  city  of 
Washington,  but  shall  have  power  to  adjourn  from  place  to  place,  as 
th«  y  shall  see  cause.  They  shall  have  power  to  appoint  a  secretary, 
ami,  before  iirocccding  to  act,  shall  respectively  take  the  following 


agre 
tioiii 
ofth 
same 
the  c 


[71] 


119 


to  the 
s,  and 
r  other 
isck  of 
irovin- 
iroduce 
e  have 
;rowth, 
ition  of 
liibited. 
de  pro- 
\Q  other 
her  du- 
1  vessels 
pcctive- 
i  on  the 
»rted  by 
owed  on 
lortation 


its  of  the 
verc  car- 
is  of  the 
Ucnt,  he- 
ccember, 
IVull  com- 
laid  com- 
ic diite  of 
ny  tcrri- 
.id  treaty 
the  Bri- 
way  by 
the  date 
•s  which, 
;es,  were 
fining  tlic 
ill  he  ap- 
^,  that  is 
il  States, 
Id  one  by 
.11  agree 
[mil  each 
shall  be 
IS.   The 
[e  city  of 
ilace,  as 
jcretary, 
[ollowing 


oath  or  aftirinatiun,  in  the  presence  of  each  other;  which  oath,  or  af- 
firmation, being  duly  taken  and  attested,  shall  be  entered  on  the  re- 
cord of  their  proceedings;  that  is  to  say:  "1,  A.  B.  one  of  the  com- 
missioners appointed  in  pursuance  of  the  article  of  the  treaty 
of                   ,  between  the  United  States  of  America  and  his  Britan- 
nic Majesty,  do  solemnly  swear,  or  ailirm,  that  1  will  diligently,  im- 
partially, and  carefully,  examine,  and,  to  the  host  of  my  Judgment, 
according  to  justice  and  equity,  decide,  all  such  complaints  or  appli- 
cations as,  under  the  said  article,  shall  be  preferred  to  the  said  com- 
missioners.''  Two  of  the  said  commissioners  shall  constitute  a  board, 
provided  they  be  those  named  by  the  respective  governments;   and 
vacancies,  caused  by  death,  or  otherwise,  shall  be  filled  up  in  the 
manner  of  the  original  appointments;   and  the  new  commissioners 
shall  take  the  same  oath,  or  alBrmation,  and  do  the  same  duties. 
Twelve  months  from  the  day  on  which  the  said  commissioners  shall 
form  a  board,  are  assigned  for  receiving  complaints  and  applications; 
but  they  are,  nevertheless,  authorized,  in  any  particular  cases  in 
which  it  shall  appear  to  them  reasonable  and  just  to  extend  the  said 
term  for  any  term   not  exceeding  six  months  after  the  expiration 
thereof.     In  examining  the  complaints  and  ajiplications  preferred  to 
them  by  the  owners  of  slaves,  or  tlu'ir  lawful  atttirneys  or  repre- 
sentatives, the  said  commissioners  are  empowered  and  required,  in 
pursuance  of  the  true  intent  and  meaning  of  this  article,  to  examine, 
on  oath  or  ailirmatinn,  all  such  persons  as  shall  come  before  them, 
touching  the  real  number  and  value  of  the  slaves  allcc^i'd  to  have  been 
carried  away,  as  aforesaid;  and,  also,  to  receive  iti  evidence,  accord- 
ing as  they  may  think  consistent  with  equity  and  justice,  written  de- 
positions, being  duly  authenticated,  cither  according  to  existing  legal 
forms,  or  in  such  other  manner  as  the  said  commissioners  shall  see 
cause  to  require  or  allow. 

The  award  of  the  said  commissioners,  or  of  any  two  of  them,  shall 
in  all  cases  be  final  and  conclusive,  whether  as  to  the  number,  the 
value,  or  the  ownership  of  the  slav(  s  carried  away  as  aforesaid.  And 
his  Britannic  Majesty  undertakes  lo  cause  the  sum  awarded  to  each 
and  every  owner,  in  lieu  of  his  slave  or  slaves,  as  above  described,  to 
be  paid  without  deduction,  at  such  time  or  times,  and  at  such  place  or 
places  as  shall  be  awarded  by  the  said  commissioners,  and  on  condi- 
tion of  such  releases  being  given  as  they  shall  direct;  provided  that 
no  such  payments  shall  be  iixcd  to  take  place  sooner  than  twelve 
months  from  the  day  of  the  exchange  of  the  ratifications  of  this  treaty. 
It  is  further  agreed,  that  the  said  commissioners  shall  be  respectively 
paid  in  sucii  manner  as  shall  be  agreed  between  the  two  parties,  such 
agreement  to  be  settled  at  the  time  of  the  exchange  of  the  ratifica- 
tions of  this  treaty.  And  all  other  expenses  attending  tlie  execution 
of  the  commission,  shall  be  defrayed  jointly  by  (he  two  parties,  the 
same  being  previously  ascertained  and  allowed  by  the  majority  of 
the  commissk^ners. 


Till 


^ 


i*-^§'--    4 


120 


[71] 


i 


E. 

Explaiiatory  Memorandum. 

The  American  Plenipotentiaries  presented,  fur  consideration,  an 
article  on  the  subject  of  certain  fisheries.  They  stated,  at  the  same 
time,  that,  as  the  United  States  considered  the  liberty  of  taking, 
drying,  and  curing  fish,  secured  to  them  by  the  treaty  of  peace  of 
1783,  as  being  unimpaired,  and  still  in  full  force  for  the  whole  extent 
of  the  fisheries  in  question,  whilst  Great  Britain  considered  that  li- 
berty  as  having  been  abrogated  by  war;  and  as,  by  the  article  now 
proposed,  the  United  States  offered  to  desist  from  their  claim  to  a 
certain  portion  of  the  said  fisheries;  that  offer  was  made  with  the  un- 
derstanding that  the  article  now  proposed,  or  any  other  on  the  same 
subject,  which  might  be  agreed  on,  should  be  considered  as  perma- 
nent, and,  like  one  for  fixing  boundaries  between  the  territories  of 
the  two  parties,  not  to  be  abrogated  by  tite  mere  fact  of  a  war  between 
them;  or  that,  if  vacated  by  any  event  whatever,  the  rights  of  both 
parties  should  revive,  and  be  in  full  force,  as  if  such  an  article  had 
nut  been  agreed  to. 

F. 

His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  &c.  &c.  and  the  President  of  the  United  States  of  Ame- 
rica, being  animated  with  an  equal  desire  to  remove,  by  amicable  re- 
gulations, the  inconveniences  which  have  arisen  from  the  dilliculty  of 
discriminating  between  the  subjects  of  the  two  powers,  respectively, 
have  determined  to  proceed,  without  prejudice  to  the  rights  of  either 
power,  to  frame  such  conventional  arrangements  as  may  obviate  the 
evils  which  might  hereafter  again  result  from  the  circumstances  above 
stated,  to  the  public  service,  the  commerce,  or  the  subjects  of  either 
of  the  contracting  parties.  In  pursuance  of  so  desirable  an  object, 
his  said  Majesty  and  the  President  of  the  United  States  have  nomi- 
nated Plenipotentiaries,  to  discuss  and  sign  a  treaty  to  this  effect. 

His  Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  has  nominated  the  Right  Hon.  Frederick  John  Ro- 
binson, &c.  &c.  &c.  and  Henry  Goulburn,  Esq.  &c.  &c.  &c.;  and  the 
President  of  the  United  States  has  nominated  Albert  Gallatin, 
Esq.  &c.  &c.  &c.  and  Richard  Rush,  Esq.  who,  having  exchanged 
their  full  powers,  found  in  good  and  due  form,  have  agreed  upon  the 
following  articles: 

article  1. 

The  high  contracting  parties  engage  and  bind  themselves  to  adopt, 
without  delay,  and  in  the  manner  that  may  best  correspond  with 
their  respective  laws,  such  measures  as  may  be  most  effectual  for  ex- 


■»*•-%' 


%' 


[TO 


13i 


ation,  an 
the  same 
r  takings 
peace  of 
)le  extent 
;d  that  li- 
•tide  now 
laim  to  a 
til  the  iin- 
the  same 
IS  pcrma- 
■itories  of 
tP  between 
sof  both 
I'ticle  had 


it  Britain 
!s  of  Ame- 
licable  re- 
ilficulty  of 
pcctiycly, 
s  of  either 
>bviate  the 
nces  above 

of  either 
an  object, 
lave  nomi- 

effect. 
at  Britain 
John  Ro- 
:c.;  and  the 

xALLATIN, 

exchanged 
d  upon  the 


s  to  adopt, 
pond  with 
iual  for  ex- 


cluding the  natural  born  subjects  of  either  party  from  serving  in  thd 
public  or  private  marine  of  the  other:  Provided  always,  that  nothing 
contained  in  this  article  shall  be  understood  to  apply  to  such  natural 
born  subjects  of  either  power,  as  may  have  been  naturalized  by  their 
respective  laws,  previous  to  the  signature  of  the  present  treaty.  And 
such  measures,  when  adopted^  shall  be  immediately  communicated  to 
each  party,  respectively. 

ARflCLE  2. 

For  the  better  ascertaining  the  number  of  persons  on  either  s\A& 
that  may  fall  within  the  exception  contained  in  the  preceding  article, 
the  high  contracting  parties  engage  to  deliver,  each  to  the  other,  with- 
in twelve  months  from  the  ratification  of  the  present  treaty,  a  list  of 
all  persons  falling  within  the  said  exception,  specifying  the  places  of 
their  birth,  with  the  date  of  their  becoming  naturalized.  And  it  is 
farther  agreed,  that  none  other  than  the  persons  whose  names  shall 
be  included  in  the  said  lists,  shall  be  deemed  to  fall  within  the  said 
exception. 

ARflClE  ^4 

The  high  contracting  parties,  however,  reserve  to  themselves  th6 
power  to  authorize  and  permit,  by  proclamation,  tiieir  respective 
subjects  or  citizens  tn  serve  in  the  public  or  private  marine  of  the 
other  country.  And  it  is  hereby  expressly  understood,  that,  so  long 
as  such  permission  shall  remain  in  force,  it  shall  be  competent  for  the 
government  of  the  other  power,  notwithstanding  the  engagement  set 
forth  in  the  first  article  of  this  treaty,  to  admit  the  performance  of 
the  said  service.  Provided^  alruayst  That,  whenever  the  power  so 
granting  permission  to  the  said  subjects  or  citizens  to  serve  in  the 
marine  of  the  other,  shall  withdraw  the  same,  notification  thereof 
shall  forthwith  be  made  to  the  other  contracting  party,  and,  on  re- 
ceipt of  such  notification,  the  power  receiving  the  same  shall,  forth- 
with, notify  it  in  the  most  public  and  official  manner,  and  shall  use 
its  utmost  endeavors  to  restrain  the  said  subjects  of  the  other  party 
from  further  serving  in  its  public  or  private  marine,  and  shall  en- 
force the  exclusion  of  such  of  the  said  subjects  of  the  other  power^ 
as  may  then  be  in  its  service,  as  if  no  such  permission  had  been  pro" 
mulgated. 

AUTICtfi  4. 

In  consideration  of  the  stipulations  contained  in  the  preceding 
articles,  it  is  agreed,  by  the  high  contracting  parties,  that,  during  the 
continuance  of  the  present  treaty,  neither  power  shall  impress  or 
forcibly  withdraw,  or  cause  to  be  impressed  or  forcibly  withdrawn^ 
any  person  or  persons  from  the  vessels  of  the  other  power,  when  met 
upon  the  high  seas,  on  any  plea  or  pretext  whatsoever.  Provided  al- 
ways. That  nothing  contained  in  this  article  shall  be  construed  ta 
apply  to  the  vessels  of  either  power,  which  may  be  within  the  poii* 


133 


[71] 


or  within  the  maritime  jurisdiction  of  the  other,  and  also  provided 
that  nothing  herein  contained  shall  be  construed  to  impair  or  affect 
the  established  right  of  search,  as  authorized  in  time  of  war,  by  the 
law  of  nations. 


ARTICLE  5. 

The  high  contracting  parties  have  agreed  to  extend  the  duration  of 
the  present  treaty  to  ten  years,  and  they  reserve  to  themselves  to 
concert,  as  to  its  renewal,  at  such  convenient  period,  previous  to  its 
expiration,  as  may  ensure  to  their  respective  subjects  the  uninter- 
rupted benefit  which  they  expect  from  its  provisions:  Provided  al- 
ways, that  either  Power  may,  if  it  deem  it  expedient,  upon  giving  six 
months  previous  notice  to  the  other,  wholly  abrogate  and  annul  the 
present  treaty. 

ARTICI.B  6. 

It  is  agreed  that  nothing  contained  in  the  preceding  articles 
shall  be  understood  to  affect  the  rights  and  principles  on  which  the 
high  contracting  parties  have  heretofore  acted,  in  respect  to  any  of 
the  matters  to  which  these  stipulations  refer,  except  so  far  as  the 
same  shall  have  been  modified,  restrained,  or  suspended,  by  the  said 
articles.  And,  whenever  the  present  treaty  shall  cease  to  be  in  ope- 
ration, either  by  the  expiration  of  the  term  for  which  it  is  enacted, 
mrithuut  any  renewal  of  the  same,  or  by  the  abrogation  thereof,  by 
either  of  the  contracting  parties,  as  hereinbefore  provided,  or  (which 
God  forbid)  by  any  war  between  the  high  contracting  parties;  each  of 
the  said  high  contracting  parties  shall  stand,  with  respect  to  the 
other,  as  to  its  said  rights  and  principles,  as  if  no  such  treaty  had 
ever  been  made. 


^} 


G.— (a.) 

Whenever  one  of  the  high  contracting  parties  shall  be  at  war,  any 
vessel  of  the  other  party,  sailing  for  a  port,  or  place,  belonging  to  an 
enemy  of  the  first  party,  without  knowing  that  the  same  is  either  he- 
sieged,  blockaded,  or  invested,  may  be  turned  away  from  such  port 
or  place;  but  she  shall  not  be  detained,  nor  her  cargo,  if  not  contra- 
band, be  confiscated,  unless,  after  such  notice,  she  shall  again  attempt 
to  enter:  but  she  shall  be  permitted  to  go  to  any  other  port  or  place 
she  may  think  proper.  No  vessel,  or  cargo,  shall  he  condemned  for 
breach  of  a  blockade,  unless  captured  by  one  of  the  blockading  ships; 
or  unless  she  shall  attempt  to  enter,  after  notice  as  aforesaid.  Nor 
shall  any  vessel  or  goods  of  either  party,  that  may  have  entered  in- 
to such  port  or  place,  bet\)re  the  same  was  besieged,  blockaded,  or 
invested  by  the  other,  and  be  found  therein,  after  the  redaction  or  sur- 
render of  such  place,  he  liable  to  confiscation;  but  shall  be  restored 


[71  ] 


123 


■») 


to  the  owaera,  or  proprietors  thereof.  And,  in  order  to  determine 
vrhat  characterises  a  blockade,  it  is  agreed  that  denomination  shall 
apply  to  a  port  where  there  is,  by  the  disposition  of  the  power  which 
blockades  it,  with  ships  stationary,  or  sufficiently  near;  an  evident 
danger  in  entering. 

(6.) 

Whereas  differences  have  heretofore  arisen,  concerning  the  trading 
with  the  colonies  of  Elis  Britannic  Majesty's  enemies,  and  the  in- 
structions given  by  Hi.4  Majesty  to  his  cruizers,  in  regard  thereto;  it 
is  agreed  that,  whenever  His  Britannic  Majesty  shall  be  at  war,  all 
articles,  not  being  contraband  of  war,  may  be  freely  carried  from 
the  ports  of  the  United  States  to  the  ports  of  any  colony,  not  block- 
aded, belonging  to  His  Majesty's  enemies;  provided,  such  goods  as 
are  not  of  the  growth,  produce,  or  manufacture,  of  the  United  States, 
shall  previously  have  been  entered  and  landed  in  the  United  States, 
and  the  ordinary  duties,  on  such  articles,  so  imported  for  home  con- 
sumption, siiall  have  been  paid,  or  secured  to  be  paid,  and  tiie  said 
goods,  on  re>exportation,  shall,  after  the  drawback,  remain  subject 
to  a  duty  equivalent  to  not  less  than  one  per  cent,  ad  valorem;  and 
that  the  said  goods  and  the  vessels,  conveying  the  same,  shall,  from 
the  time  of  tiieir  clearance  from  the  port  of  the  United  States,  be  bona 
Jide  the  sole  property  of  citizens  of  the  United  States;  and,  in  like 
manner,  that  all  articles,  not  being  contraband  of  war,  and  being 
the  growth  or  produce  of  the  colonies  of  His  Britannic  Majesty's  ene- 
mies, may  be  brought  to  the  United  States,  and,  after  having  been 
there  landed,  may  be  freely  carried  from  thence  to  any  foreign  port, 
not  blockaded;  provided  such  goods  shall  previously  have  bee>i  enter- 
ed and  landed  in  the  United  States,  and  the  ordinary  duties  on  colo- 
nial articles  so  imported,  for  home  consumption,  shall  have  been 
paid,  or  secured  to  be  paid;  and  that  the  said  goods,  except  only  ma- 
liogany  and  fustic,  shall,  on  re-exportation,  after  the  drawback,  re* 
main  subject  to  a  duty  equivalent  to  not  less  than  two  per  cent,  ad 
valorem;  and  provided  that  the  said  goods,  and  the  vessels  convey- 
ing the  same,  be  bona  Jide  the  sole  property  of  citizens  of  the  United 
States: 

Provided,  always,  that  this  article,  or  any  thing  contained  there- 
in, shall  not  affect  any  question  now,  or  hereafter,  judicially  pend- 
ing, touching  the  legality,  or  illegality,  of  a  direct  trade  from  Eu- 
rope, or  other  foreign  countries,  by  citizens  of  the  United  States, 
with  the  colonies  or  possessions  of  His  Britannic  Majesty's  enemies 
beyond  the  Cape  of  Good  Hope,  nor  operate  to  the  prejudice  of  any 
right  belonging  to  either  party;  but  that,  after  the  expiration  of  the 
time  limited  for  this  treaty,  the  rights  on  both  sides  shall  revive  and 
be  in  full  force. 

(c.)  . 

In  order  to  regulate  what  is  in  future  to  be  esteemed  contraband  of 
war^  it  is  agreed,  that,  under  the  said  denomination,  shall  be  com- 


134 


[71] 


ftrised  all  arms  and  implements  serving  fur  the  purposes  ot  war,  by 
and  or  by  sea^  such  as  cannon,  mortars,  muskets,  pistols,  and  other 
Are  arms,  petards,  bombs,  grenades,  carcasses,  saucisses,  rockets, 
carriages  for  cannon,  firelocks,  musket  rests,  bandoliers,  gunpowder, 
saltpetre,  sulphur,  matches,  balls,  and  bullets,  helmets,  or  head  pie- 
ces, cuirasses,  swords,  pikes,  halberts,  lances,  javelins,  saddles,  bri- 
dles, and  other  horse  furniture,  holsters,  pouches,  belts,  and  generally 
all  other  implements  of  war;  excepting  however,  the  quantity  of  tho 
said  articles^which  may  be  necessary  for  the  defence  of  the  ship,  and 
of  those  who  compose  the  crew;  but  all  such  articles  are  hereby  de- 
clared to  be  just  objects  of  confiscation,  whenever  they  are  attempted 
to  be  carried  to  an  enemy.  But  no  vessel  shall  be  detained  on  pre- 
tence of  carrying  contraband  of  war,  unless  some  of  the  abovemen- 
tioned  articles  are  found  on  board  of  the  said  vessels  at  the  time  it  is 
searched. 


>:i! 


(d.) 

In  all  cases  where  one  of  the  high  contracting  parties  shall  be  at 
war,  the  armed  vessels  belonging  to  such  party  shall  not  station  them- 
selves, nor  rove,  or  hover,  nor  stop,  search,  or  disturb  the  vessels  of 
the  other  party,  or  the  unarmed  vessels  of  other  nations,  within  the 
chambers  formed  by  head  lands,  or  within  five  marine  miles  from  the 
shore  belonging  to  the  other  party,  or  from  a  right  line  from  one 
head  land  to  another* 


(e.) 

Whenever  one  of  the  high  contracting  parties  shall  be  at  war,  and 
where  vessels  of  the  other  pai'ty  shall  be  captured  or  detained  by  the 
ships  of  war  or  privateers  of  the  l)elligerant,  for  any  lawful  cause,  the 
said  vessels  shall  be  brought  to  the  nearest  or  most  convenient  port; 
and  such  part  only  of  the  articles  on  board,  as  are  subject  to  condem- 
nation by  the  law  of  nations,  shall  be  made  prize;  and  the  vessels, 
unless  by  that  law  also  subject  to  condemnation,  shall  be  at  liberty 
to  proceed  with  the  remainder  of  the  cargo,  without  any  impediment. 

In  all  cases  of  unfounded  detention,  or  other  contravention  of  the 
regulations  stipulated  by  the  present  treaty,  the  owners  of  the  vessel 
and  cargo  so  detained,  shall  be  allowed  damages  proportioned  to  the 
loss  occasioned  thereby,  together  with  the  costs  and  charges  of  the 
trial.  All  proper  measures  shall  be  taken  to  prevent  delay  in  de- 
ciding the  cases  of  ships  or  cargoes  so  brought  in  for  adjudication, 
and  in  the  payment  or  recovery  of  any  in*lemnification  adjudged  or 
agreed  to  be  paid  to  the  mastei's  or  owners  of  such  ships  or  cargoes. 
And,  whenever  sentence  shall  be  pronounced  against  any  ve^  iel  thus 
captured  or  detained,  or  against  her  cargo,  or  part  thereof,  the  sen- 
tence or  decree  shall  mention  the  reasons  or  motives  on  which  the 
Bame  shall  have  been  founded,  and  a  duly  authenticated  copy  uf  all 
the  proceedings  in  the  cause,  and  of  the  said  sentence,  shall,  if  re- 
<juiretl,  be  delivered,  without  the  smallest  delay,  to  the  commander  of 


c 
t 

n 
t 

a 


[71  ] 


125 


Eir,  and 
by  the 

use, the 

it  port; 

ondem- 

vcssels, 
liberty 

diment. 

I  of  the 
vessel 
to  the 
of  the 

■  in  de- 
cation, 
ged  or 
argoes. 
iel  thus 
he  sen- 
ich  the 
uf  all 
if  re- 
nder of 


< 


ii       ♦ 


the  said  vessel,  or  to  the  owner  thereof,  or  to  the  agent  of  either,  on 
the  payment  of  all  legal  fees  and  demands  for  the  same. 

The  commanders  of  ships  of  war  and  privateers  of  the  helligerant 
party  shall,  in  searching  of  merchant  ships  of  the  other  party,  con- 
duct themselves  according  to  the  acknowledged  principles  and  rules 
of  the  law  of  nations,  and  as  favorably,  moreover,  as  towards  the 
most  friendly  power  that  may  remain  neuter.  The  said  command" 
(S's,  their  officers,  and  crews,  shall  forbear  doing  any  damage  to  the 
subjects  or  citizens  of  the  other  party,  or  committing  any  outrage 
against  them;  and,  if  they  act  to  the  contrary,  they  shall  be  punish- 
ed, and  shall  also  be  bound,  in  their  persons  and  estates,  to  make  sa- 
tisfaction and  reparation  for  all  damages,  and  the  interest  thereof, 
of  whatever  nature  the  said  damages  may  be. 

For  this  cause,  all  commanders  of  privateers,  before  they  receive 
their  commissions,  shall  be  compelled  to  give,  before  a  competent 
judge,  sufficient  security,  by  at  least  two  respcmsible  sureties,  who 
have  no  interest  in  the  said  privateer;  each  of  whom,  together  with 
the  said  commander,  shall  be  jointly  and  severally  bound  in  the  sum 
of  two  thousand  two  hundred  and  fifty  pounds  sterling,  or  of  ten 
thousand  dollars;  or  if  such  ship  be  provided  with  above  one  hundred 
and  fifty  seamen,  or  soldiers,  in  the  sum  of  four  thousand  five  hun- 
dred pounds  sterling,  or  of  twenty  thousand  dollars,  to  satisfy  all 
damages  and  injuries  which  the  said  j)rivateers,  or  officers,  or  men,  or 
any  of  them,  may  do  or  commit  during  their  cruise,  contrary  to  the 
tenor  of  this  treaty,  or  to  the  laws  and  instructions  for  regulating 
their  conduct;  and  further,  that  in  all  cases  of  unlawful  aggressions^ 
the  said  commissions  shall  be  revoked  and  annulled. 

The  ships  of  war  and  privateers  of  the  two  nations,  as  well  as  their 
prizes,  shall  be  treated,  in  their  respective  ports,  as  those  of  the  most 
favored  nation. 

It  shall  not  be  lawful  for  any  foreign  privateers,  who  have  com- 
missions from  any  power  or  state  at  war  with  either  of  the  two  na- 
tions, to  arm  their  ships  in  the  ports  of  either  of  the  said  parties,  nor 
to  sell  what  they  have  taken,  nor  in  any  other  manner  to  exchange 
the  same;  nor  shall  they  be  allowed  to  purchase  more  provisions  than 
shall  be  necessary  for  their  going  to  the  nearest  port  of  that  power 
or  state  L  )m  whom  they  obtained  their  commissions. 

It  is  likewise  agreed  that  the  subjects  of  the  two  nations  shall  not 
do  any  acts  of  hostility  or  violence  against  each  other,  itor  accept 
commissions  so  to  act,  from  any  foreign  power  or  stato,  enemies 
to  the  other  party;  nor  shall  the  enemies  of  one  of  tlie  parties  be  per- 
mitted to  invite,  or  endeavor  to  enlist,  in  the  military  service,  any  of 
the  subjects  or  citizens  of  the  other  party.  The  laws  against  all 
iiiich  offences  and  aggressions  shall  be  punctually  executed;  and  if 


126 


[71] 


any  subject  or  citizen  of  the  said  parties,  respectively,  shall  accept 
any  foreign  commissioD  or  letters  of  marque,  fur  arming  any  vessel 
to  act  as  a  privateer  against  the  other  party,  it  is  hereby  dorlareil  to 
be  lawful  for  the  said  party  to  treat  and  uunish  the  said  subject  or  ci' 
tizen  having  such  commission  or  letter  of  marque,  as  a  pirate. 

H.— (A.) 

In  the  event  of  a  shipwi'eck  happening  in  a  place  belonging  to 
either  of  the  high  contracting  parties,  not  only  every  assistance  shall 
be  given  to  the  unfortunate  |)ersons,  and  no  violence  done  to  them» 
but  also  the  effects  belonging  to  them,  and  which  may  be  saved  cither 
from  on  board  the  ship,  or  in  any  other  manner  whatever,  shall  not 
be  concealed,  nor  detained,  nor  damaged,  under  any  pretext  what- 
ever. On  the  contrary,  the  abovementioned  efft-cts  and  merchandise 
shall  be  preserved  and  restored  to  them,  upon  a  suitable  recompense 
being  given  to  those  who  shall  have  assisted  in  saving  their  persons, 
vessels,  or  effects. 

It  is  expressly  stipulated,  that  neither  of  the  said  contracting  par- 
tics  will  order  or  authorize  any  acts  of  reprisal  against  the  other,  on 
complaints  of  injuries  and  damages,  until  the  said  party  shall  first  have 
presented  to  the  other  a  statement  thereof,  verified  by  competent  proof 
and  evidence,  and  demanded  justice  and  satisfaction,  and  the  same 
shall  have  been  either  refused  or  unreasonably  delayed. 

(fe.) 

If  at  any  time  a  rupture  should  take  place,  (which  God  forbid,)  be- 
tween the  United  States  and  his  Britannic  Majesty,  neither  the  ves- 
sels and  cargoes,  nor  other  property  of  any  kind,  belonging  to  the 
individuals  of  each  of  the  two  nations,  which  may  at  the  time  be  in 
the  harbors,  ports,  or  dominions,  of  the  other  party,  nor  the  debts 
due  from  individuals  of  one  of  the  two  nations  to  individuals  of  the 
other,  nor  sharesor  moneys  which  they  may  have  in  the  public  funds, 
or  in  the  public  or  private  banks,  shall  be  sequestered  or  confiscated. 
And  the  merchaats  and  others  nf  each  of  the  two  nations,  residing  in 
the  dominions  of  the  other,  shall,  in  no  case,  be  detained  as  prisoners 
of  war,  but  they  shall  be  permitted  to  remove,  with  their  families,  ef- 
fects, and  property;  each  government  having,  nevertheless,  the  right, 
<Iuring  their  remaining  in  its  dominions,  to  make  such  regulations, 
and  to  take  such  precautions,  as  it  may  deem  necessary,  with  respect 
to  such  persons. 


[7i  ] 


127 


accept 

vessel 

ii'eil  to 

or  ci- 


ging  to 
se  HUall 
9  theniy 
1  cither 
lall  not 
t  what- 
iliandise 
nnpense 
personSf 


;ing  par- 
jther,  on 
irst  have 
^nt  proof 
he  same 


No.  4. 

Protocol  of  the  Fourth  Conference  between  the  ^nerican  and  British 
Plenipotentiaries,  held  at  fVhitehall,  on  Friday,  the  25  th  of  September^ 
1818. 

Pbesent, — Mr.  Gallatin, 
Mr.  Uush, 
Mr.  Robinson, 
Mr.  Goulburn. 

Explanations  were  asked,  and  given,  respecting  some  of  the 
articles  presented  by  the  American  Plenipotentiaries  at  the  last  con- 
ference. 

The  American  Plenipotentiaries,  after  observing  that  the  measures 
already  adopted,  and  the  proposals  formerly  made,  by  the  United 
States,  could  leave  no  doubt  of  their  constant  and  anxious  desire  to 
arrange,  by  amicable  regulations,  the  subject  of  impressment,  de> 
clarcd  their  readiness  to  agree,  with  some  amendments,  which  they 
submitted,(A.)  to  the  projet  proposed  by  the  British  Plenipotentiaries, 
under  a  full  expectation  that  an  arrangement,  thus  founded  on  mu- 
tual confidence,  could  not  fail  to  have  a  happy  effect,  both  as  regard- 
ing its  immediate  object,  and  in  confirming  the  amicable  relations  so 
happily  subsisting  between  the  two  countries. 

It  was  agreed  to  meet  again  on  Tuesday,  the  6th  of  October. 

AliBERT  GALLATIN, 
RICHARD  RUSH, 
FREDERICK  JOHN  ROBINSON, 
HENRY  GOULBURN. 


bidObe- 
the  ves- 
to  the 
me  be  in 
ie  debts 
s  of  the 
c  funds, 
fiscated. 
Tiding  in 
risoners 
lilies,  ef- 
lie  right, 
lations, 
respect 


A. 


jSmendments  proposed. 

All  words  between  crotchets  to  be 
itruck  out. 

1. 

2.  settle 

3.  diiferences 

4.  employment  by  either  of  the 
two  powers  of  the  subjects  or  citi- 
zens of  the  other,  in  their  public  or 
private  marine,  and  from  tne  prac- 
tice of  impressment. 


His  Majesty  the  King  of  the  Unit- 
ed Kingdom  of  Great  Britain  and 
Ireland,  &c.  &c.  &c.  and  [the  Pre- 
sident of]*  the  United  States  of 
America,  being  animated  with  an 
equal  desire  to  [remove,]^  by  ami- 
cable regulations,  the  ^[inconve- 
niences] which  have  arisen  from  the 
■*[difficulty  of  discriminating  be- 
tween the  subjects  of  the  two  pow- 
ers, respectively,]  have  determined 
to  proceed,  without  prejudice  to  the 
rignts  of  either  power,  to  frame  such 
conventional  arrangements  as  may 
obviate  the  evils  which  might  here- 
after again  result  from  the  [circum- 


128 

5.  cause* 

6. 


[71   ] 


1.  respectively  from  serving  in 
their  public  or  private  marine,  the 
natural  born  subjects  or  citizens  of 
the  other  party, 


2.  or  citizens 

{3.  shall 

4.  with  their  own  consent 

5.  the 

6.  of  either  power 

7.  exchange  of  ratifications 


!'• 


1.  eighteen 


stances]*  above  stated,  [to  the  pub- 
lic service,  the  commerce,  or  the 
subjects,  of  either  of  the  contracting 
parties.]"  In  pursuance  of  so  ile- 
sirnblc  an  object,  his  said  Majesty 
and  tlie  President  of  the  United 
States,  have  nominated  Plenipoten- 
tiaries to  discuss  and  sign  a  Treaty 
to  this  ('.fleet. 

His  Majesty  the  King  of  the  Unit 
ed  Kinguom  of  Great  Britain  and 
Ireland,  has  nominated  the  Right 
Honorable  Frederick  John  Robinson, 
&c.  &c.  &c.  and  Henry  Goulburn, 
Esquire,  &c.  &c.  &c.;  and  the  Pre- 
sideat  of  the  United  States  has  no- 
minated Albert  Gallatin,  Esquire, 
&c.  &c.  &c.  and  Richard  Rush,  Es- 

?[uire,  who,  having  exchanged  tiieir 
iill  powers,  found  in  good  and  due 
form,  have  agieed  upon  the  follow 
ing  articles: 

AKTICLE  1. 

The  high  contracting  parties  en- 
gage and  oind  themselves  to  adopt, 
without  delay,  and  in  the  manner 
that  may  best  correspond  with  their 
respective  laws,  such  measurts  as 
may  be  most  effectual  for  excluding 
^[the  natural  born  subjects  of  either 
party  from  serving  in  the  public  or 
private  marine  of  the  other;]  pro- 
vided, always,  that  nothing  contain- 
ed in  this  article  shall  be  understood 
to  apply  to  such  natural  born  sub- 
jects 2  of  either  power,  as  [may]^ 
have  been  naturalized  *  by  *  [their] 
respective  laws,  *  previous  to  the 
^[signature]  of  the  present  treaty. 
And  such  measures,  when  adopted, 
shall  be  immediately  communicated 
to  each  party,  respectively. 

ARTICLE  2. 

For  the  better  ascertaining  the 
number  of  persons,  cvi  either  side, 
that  may  fall  within  the  exception 
contained  in  the  preceding  article, 
the  high  contracting  parties  engage 
to  deliver,  each  to  the  other,  within 
[twelve]*  months  from  the  ratifica- 


the  pub- 
,  or  the 
itracting 
)f  so  ile- 
Mujesty 
B  United 
eninoten- 
a  Treaty 

the  Unit 
itain  and 
the  Right 
R4>bin9on, 
Goulbttvn, 
d  the  Pre- 
tcs  has  no- 
,  Estjuire, 
Rush.  Es- 
nged  their 
)d  and  due 
the  follow 


parties  en- 
j9  to  adopt, 
the  manner 
i  with  their 
neasurts  as 
excluding 
cts  of  either 
public  or 
ther;]  pro- 
ing  contain- 
understood 
born  sub- 
as  [may]'' 
by  « [their] 
rious  to  the 
sent  treaty, 
len  adopted, 
mmunicated 

ely. 


rtaining  the 
either  side, 
,e  exception 
ding  article, 
rties  engage 
other,  within 
the  ratifica- 


[71  ] 


129 


2.  as  far  as  it  may  be  found  prac- 
ticable to  obtain  it,  of  the  seamen 


3.  no  natural  born  subject  or  citi- 
zen of  either  power,  whose  name 
shall  not 

4.  unless  he  shall  produce  proof 
of  his  having  been  duly  naturalized 
prior  to  the  exchange  of  ratifications 
of  this  treaty. 


1.  by  law 

2.  or  otherwise,  either  generally 
•r  in  special  cases, 


is.  or  citizens 


4.  or  citizens 

5.  on  their  return  to  port,  from 
the  voyages  or  service  in  which  they 
may  then  be  engaged,  or  sooner,  if 
practicable, 


tion  of  the  present  treaty,  a  list 
*  [of  all  persons]  falling  within  the 
said  exception,  specifying  the  places 
of  their  birth,  with  the  date  ot  their 
becoming  naturalized.  And  it  is 
further  agreed,  that  '[none  other 
than  the  persons  whose  names  shnll] 
be  included  in  the  said  lists,  shili  be 
deemed  to  fall  within  the  said  ex- 
ception.* 


ARTICLE  S. 

The  high  contracting  parties,  how- 
ever, reserve  to  themselves  the  pow- 
er to  authorize  and  permit,*  by  pro- 
clamation,'  their  respective  sub- 
jects or  citizens  to  serve  in  the  pub- 
lic or  private  marine  of  the  other 
country.  And  it  is  hereby  express- 
ly understood,  that,  so  long  as  such 
permission  shall  remain  in  force,  it 
shall  be  competent  for  the  govern- 
ment of  the  other  power,  notwith- 
standing the  engagement  set  forth 
in  the  first  article  of  this  treaty,  to 
admit  the  performance  of  the  said 
service:  Provided,  always,  that, 
whenever  the  power  so  granting 
permission  to  the  said  subjects  or 
citizens  to  serve  in  the  marine  of 
the  other,  shall  withdraw  the  same, 
notification  thereof  shall  forthwith 
be  made  to  the  other  contracting 
party,  and  on  receipt  of  such  noti- 
fication, the  power  receiving  the 
same  shall  forthwith  notify  it  in  the 
most  public  and  official  manner,  and 
shall  use  its  utmost  endeavors  to  re- 
strain the  said  subjects  '  of  the  other 
party  from  further  serving  in  its 
public  or  private  marine,  and  shall 
enforce  the  exclusion  of  such  of  the 
said  subjects  *  of  the  other  power, 
as  may  then  be  in  its  service,  *  as  if 
no  such  permission  had  been  pro- 
mulgated. 


1'. 


17 


ARTICLE  4. 

*[In  consideration  of  the  stipula- 
tions contained  in  the  preceding  ar- 


18* 


[71] 


C.  or  any  where  without  the  ordi- 
nary juriscflction  of  either  of  the  two 
powers,  as  acknowledged  by  the  law 
of  nations, 

3.  impair  or  affect  the  right  of 
either  power,  to  withdraw  its  natu 
rat  born  subjects  or  citizens,  not 
falling  within  the  exception  men- 
tioned in  the  preceding  articles, 
from  any  vessel  lying  within  its  ports 
or  within  its  ordinary  maritime  ju- 
risdiction, as  acknowledged  by  the 
law  of  nations. 

4.  (a.) 

(a.)  See  6th  article,  2. 


1.  or  citizens 


1.  impair,  or 


2.  nor  any  of  the  belli«rerant  or 
neutral  rights  of  either  party,  as  ac- 
knowledged bv  the  law  of  nations, 


ticleB,]  it  is  agreed  by  the  high  con- 
tratting  parties,  that,  during  the 
continuance  of  the  present  treaty, 
neither  power  shall  impress  or  forci- 
bly withdraw,  or  cause  to  be  impress- 
ed or  forcibly  withdrawn,  any  person 
or  persons,  from  the  vessels  of  the 
other  power,  when  met  upon  the  high 
seas,  •  on  any  plea  or  pretext  what- 
soever: Provided,  always,  that  no- 
thing contained  in  this  article  shall 
be  construed  to  ^ [apply  to  the  ves* 
sels  of  either  power  which  may  be 
within  the  ports  or  within  the  mari- 
time jurisdiction  of  the  other:]  *[and 
also,  provided,  that  nothing  herein 
contained  shall  be  construed  to  im- 
pair or  affect  the  established  right  of 
search,  as  authonzed  in  time  of  war 
by  the  law  of  nations.] 


AKTICLE  5. 

The  high  contracting  parties  have 
agreed  to  extend  the  tmration  of  the 
present  treaty  to  ten  years,  and  they 
reserve  to  themselves  to  concert  as 
to  its  renewal,  at  such  convenient 
period,  previous  to  its  expiration,  as 
may  insure  to  their  respective  sub- 
jects '  the  uninterrupted  benefit 
which  they  expect  from  its  provi- 
sions: Provided,  always,  that  either 
power  may,  if  it  deem  it  expedient, 
upon  giving  six  months'  previous  no- 
tice to  the  other,  wholly  abrogate 
and  annul  the  present  treaty. 

AUTICLE  6. 

It  is  agreci!  that  nothing  contain- 
ed ill  the  preceding  articles,  shall  be 
understood  to  ^  atlect  the  rights  and 
principles  on  which  the  high  con- 
tracting parties  have  heretofore  act- 
ed in  respect  to  any  of  the  matters 
to  which  these  stipulations  refer,' 
except  so  far  as  the  same  shall  have 
been  modified,  restrained,  or  sus- 
pended, by  the  said  articles.  And 
whenever  the  present  treaty  shall 


li 

:^ 

ai 
ej 

dr 

th 

TO 


t71] 


181 


cease  to  be  in  operation,  either  by 
the  expiration  of  the  term  for  whicn 
it  'i»  eiKvcted,  without  any  renewal 
ot  the  -lime,  or  by  the  abrogation 
thereof,  by  either  of  the  contracting 
parties,  as  herein  before  provided, 
or  (which  God  forbid,)  by  any  war 
between  the  high  contracting  par- 
ties, each  of  the  said  high  contract- 
ing parties  shall  stand,  with  respect 
to  the  other,  as  to  its  said  rights  and 
principles,  as  if  no  such  treaty  had 
ever  been  made. 


No.  5. 

Protocol  of  the  fifth  Conference  held  between  the  American  and  British 
FlenipotentianeSf  at  Whitehall,  on  the  6th  of  October. 

PuESENT — Mr.  Gallatin^ 
Mr.  Rush, 
Ml*.  Robinson, 
Mr.  Ooulburn. 

The  protocol  of  the  preceding  conference  was  agreed  upon  and 
signed. 

The  British  plenipotentiaries  gave  in  the  five  annexed  articles,  on 
the  fisheries,  the  boundary,  the  Mississippi,  the  intercourse  between 
Nova  Scotia  and  the  United  States,  and  the  captured  slaves.  (A,  B; 
C,  D,E.) 

It  was  agreed  to  meet  again  on  the  9th  instant. 

ALBERT  GALLATIN, 
RICHARD  RUSH, 
FRfclDERICR  JOHN  ROBINSON, 
HEiNRY  GOULBURN. 


ARTICLE  A. 


Contain - 
[shall  be 
khts  and 
th   con- 
fore  act- 
jmatters 
refer,* 
lall  have 
or  sus- 
.     And 
Ity  shall 


It  is  agreed  that  the  inhabitants  of  the  United  States  shall  have 
liberty  to  take  fish,  of  every  kind,  on  that  part  of  the  western  coast  of 
Newfoundland  which  extends  from  Cape  Ray  to  the  Quinpon  islands, 
and  on  that  part  of  the  southern  and  eastern  coasts  of  Labrador  whirh 
extends  from  Mount  Joly  to  Huntingdon  Island;  and  it  is  further 
agreed  that  the  fishermen  of  the  United  States  shall  have  liberty  to 
dry  and  cure  fish  in  any  of  the  unsettled  bays,  harbors,  and  creeks,  of 
the  said  south  and  east  coasts  of  Labrador,  so  long  as  the  same  shall 
veniain  unsettled;  but^  as  soon  as  the  same,  or  any  part  of  them,  shall 


183 


[71] 


be  settled,  it  shall  not  be  lawful  for  the  said  fishermen  to  dry  or  cure 
fish,  without  a  previouH  agreement  fur  that  purpose  with  the  inhabi- 
tatils,  proprietors,  or  possessors  of  the  ground. 

And  it  is  further  agreed,  that  nothing  contained  in  this  article  shall 
be  construed  to  give  to  the  inhabitants  of  the  United  States  any  liber- 
ty to  take  fish  within  the  ri\ers  of  his  Britannic  Majesty's  territo- 
ries, as  above  described;  and  it  is  agreed,  on  tlie  part  of  the  United 
States,  that  the  fisherinrn  of  the  United  States  resorting  to  the  mouths 
of  such  rivers,  shuli  not  obstruct  the  navigation  thereof,  nor  wilfully 
injure  nor  destroy  the  fish  within  the  same,  either  by  setting  nets 
across  the  mouths  of  surh  rivers,  or  by  any  other  means  whatever. 

His  Britannic  Majesty  further  agrees,  that  the  vessels  of  the  Unit- 
States,  bona  fidt>  engaged  in  such  fishery,  shall  have  liberty  to  enter 
the  bays  and  liarbors  of  any  of  his  Britannic  Majesty's  dominions  in 
North  America,  for  the  purpose  of  shelter,  or  of  rapairing  damages 
therein,  and  of  purchasing  wood  and  obtaining  water,  and  for  no  other 
purpose;  and  all  vessels  so  resorting  to  the  said  bays  and  harbors, 
shall  be  under  such  restrictions  as  may  be  necessary  to  prevent  their 
taking,  drying,  or  curing  fish  therein. 

It  is  further  well  understood,  that  the  liberty  of  taking,  drying, 
and  curing  fish,  granted  in  the  preceding  part  of  this  article,  shall 
not  be  construed  to  extend  to  any  privilege  of  carrying  on  trade  with 
any  of  his  Britannic  Majesty's  subjects,  residing  within  the  limits 
hereinbefore  assigned  for  the  use  of  the  fishermen  of  the  United 
States,  for  any  of  the  purposes  aforesaid. 

And  in  order  the  more  effectually  to  guard  against  snuggling,  it 
shall  not  he  lawful  for  the  vessel)  of  the  United  States,  engaged  in  the 
said  fishery,  to  have  on  board  any  goods,  wares,  or  merchandise, 
whatever,  except  such  as  ma}  be  necessary  for  the  prosecution  of  the 
fisher}',  or  the  support  of  the  fishermen  whilst  engaged  therein,  or  in 
the  ptosecution  of  their  vo}ages  to  and  from  the  said  fishing  grounds. 
And  any  vessel  of  ihe  United  States  which  shall  contravene  this  re- 
gtiliition  may  be  seized,  condemned,  and  confiscated,  together  with 
her  cargo. 

ARTICLE  B. 

* 

It  is  agreed  that  a  line  drawn  from  the  most  northwestern  point  of 
the  Luke  o(  the  Woods,  along  the  forty-nintii  parallel  of  latitude,  or 
if  the  said  point  shall  not  be  in  the  furt}  ninth  parallel  of  north  luti* 
tudi^,  then,  that  a  line,  drawn  due  north  or  south,  as  the  case  may  be, 
until  it  shtill  intersect  the  said  parallel  of  nortli  latitude,  and  from 
the  point  of  such  intersection,  ifue  west,  along,  and  with,  the  said  pa- 
rallel, siall  be  th  line  of  demarcation  between  the  territories  of  his 
Brita'i'tic  Majesty  and  those  of  the  United  States,  and  that  the  said 
line  ■iUiiil  I'-trni  tiie  southern  boundary  of  tlie  sai<i  territories  of  his 
BrtaiiiN  iij'sty.  and  the  northern  boundary  of  the  territories  of  the 
United  States,  from  the  said  Lake  of  the  Woods  to  the  Stoney  Moun- 


M^ 


w 


[71] 


188 


tains;  and,  in  order  to  prevent  any  disputes  as  to  the  territorial  righti 
of  either  of  the  contracting  parties*  on  tiie  north  vvest  coast  of  Ame- 
rica, or  any  where  to  tlie  westward  of  the  Stoney  Mountains,  it  is 
agreed,  that  so  much  of  the  said  country  as  lies  between  the  forty- 
fifth  and  forty- ninth  parallels  of  latitude,  togethei  with  its  harbors, 
bays,  and  creeks,  and  ihe  navigation  of  all  rivers  within  the  same, 
shall  be  free  and  open  to  the  subjects  and  citizens  of  the  two  states, 
respectively,  for  the  purpose  of  trade  and  commerce;  it  being  well 
understood  that,  although  by  virtue  of  this  arrangement,  the  two  high 
contracting  parties  agree  not  to  exercise  as  against  each,  any  other 
sovereign  or  territorial  authority  within  the  above  mentioned  country, 
lying  between  the  foi'ty-fifth  and  forty-ninth  parallels  of  latitude, 
this  agreement  is  not  to  be  construed  to  the  prejudice  of  any  claim 
which  either  of  the  two  high  contracting  parties  may  have  to  any 
territorial  authority  in  any  part  of  the  country  lying  within  the  said 
limits:  nor  shall  it  be  taken  to  affect  the  claim  of  any  other  power 
or  state  to  any  part  of  the  said  country — the  only  object  of  the  two 
high  contracting  parties  being  to  prevent  disputes  and  differences 
between  themselves. 


ARTICLE    C. 

It  is  further  agreed,  that  the  subjects  of  his  Britannic  Majesty, 
shall  have  and  enjoy  the  free  navigation  of  the  river  Mississippi, 
from  its  source  to  the  ocean,  and  shall  at  all  times  have  free  access 
from  such  place,  as  may  be  selected  for  that  purpose,  in  his  Britan- 
nic Majesty's  territories,  to  the  river  Mississippi,  with  their  goods, 
wares,  and  merchandise,  the  importation  of  which,  into  the  United 
States,  shall  not  be  entirely  prohibited,  on  the  payment  of  the  same 
duties  as  would  be  payable  on  the  importation  of  the  same  article 
into  the  Atlantic  ports  of  the  United  States. 


ARTICLE  D. 

British  vessels  shall  have  liberty  to  export,  from  any  of  the  ports 
of  the  United  States  to  which  any  foreign  vessels  are  permitted  to 
come,  to  the  ports  of  Halifax,  in  his  Britannic  majesty's  province  of 
Mova  Scotia,  to  the  port  of  St.  John's,  in  his  Britannic  majesty's  pro- 
vince of  New  Brunswick,  and  to  any  other  port  within  the  said  pro- 
vinces of  Nova  Scotia  or  New  Brunswick,  to  which  vessels  of  any 
other  foreign  nation  shall  be  admitted,  the  following  articles,  being 
of  the  growth,  produce,  or  manufacture,  of  the  United  States,  viz: 
scantling,  planks,  staves,  heading-boards,  shingles,  hoops,  horses, 
neat  cattle,  sheep,  hogs,  poultry,  or  live  stttck  of  any  sort,  bread, 
biscuit,  flour,  peas,  beans,  potatoes,  wheat,  rice,  oats,  barley,  or 
grain  of  any  sort,  pitch,  tar,  turpentine,  fruits,  seeds,  and  tobacco. 

And  vessels  of  the  United  States  shall,  in  like  manner,  have  liber- 


■f 


134 


[71] 


ty  to  import,  from  any  of  the  aforesaid  ports  of  the  United  States, 
into  any  of  the  aforesaid  ports  within  the  said  provinces  of  Nova 
Scotia  and  New  Brunswick,  the  abovementioned  articles,  being  of 
the  growth,  produce,  or  manufacture,  of  the  United  States. 

British  vessels  shall  also  have  liberty  to  import,  from  any  of  tho 
aforesaid  ports,  within  the  provinces  of  Nova  Scotia  and  New  Bruns- 
wick, into  any  of  the  aforesaid  ports  of  the  United  States,  gypsum 
and  grindstones,  or  any  other  articles,  being  of  the  growth,  produce, 
or  manufacture,  of  the  said  provinces,  and,  also,  any  produce  or  man- 
ufacture of  any  part  of  his  Britannic  m:\jesty*s  dominions,  the  impor- 
tation of  which,  into  the  United  States,  shall  not  be  entirely  pro- 
hibited. 

And  vessels  of  the  United  States  shall  have  liberty  to  import  from 
the  said  provinces,  to  the  said  United  States,  plates,  gypsum,  and 
grindstones,  or  any  other  article,  being  of  the  growth,  produce,  or 
manufacture,  of  any  part  of  his  Britannic  majesty*s  dominions,  the 
importation  of  which  into  the  United  States,  from  any  other  place, 
shall  not  be  entirely  prohibited. 

The  vessels  of  either  of  the  two  parties,  employed  in  the  trade  pro- 
vided for  by  this  article,  shall  be  admitted  in  the  ports  of  the  other 
party,  as  abovementioned,  without  paying  any  other  or  higher  du- 
ties, or  charges,  than  those  payable  In  the  same  ports  by  the  vessels 
af  such  other  party.  The  same  duties  shall  also  be  paid,  respec- 
tively, in  the  dominions  of  both  parties,  on  the  importation  and  on 
the  exportation  of  the  articles  which  may  be  imported  or  exported, 
by  virtue  of  this  article,  and  the  same  bounties  shall  also  be  allowed 
on  the  exportation  thereof,  whetlicr  suclt  importation  or  exportation 
shall  be  in  vessels  of  the  United  States  or  in  British  vessels. 


ARTICLE  E. 

Whereas  it  was  agreed  by  the  first  article  of  the  treaty  of  Ghent, 
that  ♦♦  all  territory,  places,  and  possessions,  whatsoever,  taken  by 
either  party  from  the  other  during  the  war,  or  which  may  he  taken 
after  the  signing  of  this  treaty,  excepting  only  the  Islands  hereinafter 
mentioned,  shall  be  restored  without  delay,  and  without  causing  any 
destruction,  or  carrying  away  any  of  the  artillery,  or  other  public 
property,  originally  captured  in  the  said  forts  or  |>laces,  and  which 
shall  remain  therein  upon  the  exchange  of  the  ratifications  of  this 
treaty,  or  any  slaves  or  other  private  property:"  And  whereas 
doubts  have  arisen  whether  certain  slaves,  originally  captured  in 
certain  forts  and  places,  belonging  to  the  United  States,  and  re- 
moved therefrom,  but  remaining  within  the  territories  of  the  Unit- 
ed States,  or  on  hoard  the  ships  of  his  BritannicMajesty,  lying  with- 
in the  harbors  of  the  United  States  at  the  time  of  the  exchange  of 
the  ratifications  of  the  said  treaty,  are  to  extend  under  the  above  re- 
tted provisions  of  the  said  crcaty:    The  high  contracting  parties  do 


[71] 


185 


hereby  agree  to  refer  the  said  doubts  to  some  friendly  sovereij^n  or 
state,  to  be  named  for  that  purpose;  and  the  high  contracting  parties 
engage  to  consider  the  decision  of  such  friendly  sovereign  or  state  to 
be  final  and  conclusive  on  all  the  matters  so  referred. 


id 


lercas 
ed  in 
re- 
Uiiit- 
vvith- 
igc  of 
c  re- 
ies  do 


No,  6. 

London,  October  7th,  1818. 

^  Mr.  Gallatin  and  Mr.  Rush  present  their  compliments  to  Mr.  Ro- 
binson and  Mr.  Goulburn,  and  beg  leave  to  send  them  the  enclosed 
paper,  containing  some  remarks  on  the  articles  handed  to  them  at 
the  conference  yesterday.  They  are  to  be  considered  as  unofficial^ 
according  to  the  intimation  given  yesterday,  when  they  were  pro- 
mised, and  have  been  drawn  up  merely  under  the  hope  that,  by  pos- 
sessing the  British  Plenipotentiaries  of  some  of  the  views  of  the  Ame- 
riran  IMenipoteiitiaries,  before  the  next  meeting  or  the  9thy  the  pro- 
gress of  the  negotiation  may  be  accelerated. 

Observations,  ^c, — Fisheries* 

The  American  Plenipotentiaries  are  not  authorized  by  their  in- 
structions to  assent  to  any  article  on  that  subject,  which  shall  not 
secure  to  the  inhabitants  of  the  United  States  the  liberty  of  taking  fish 
of  every  kind  on  the  southern  coast  of  Newfoundland,  from  Cape 
Ray  to  the  Ramian  Islands,  and  en  the  coasts,  bays,  harbors,  and 
creeks,  from  iVtount  Joly,  on  the  southern  coast  of  Labrador,  to  and 
through  the  Straits  of  Belle  Isle;  and  thence,  northwardly,  indefinitely, 
along  the  coast:  and,  also,  the  liberty  of  drying  and  curing  6sh  in 
any  of  the  unsettled  bays,  harbois,  and  creeks,  of  Labrador,  and  of 
the  southern  coast  of  Newfoundland,  as  above  descrihed;  with  the 
proviso  respecting  such  of  the  said  bays,  harbors^  and  creeks,  as  may 
be  settled. 

The  liberty  of  taking  fish  within  rivers  is  not  asked.  A  positive 
clause  to  except  them  is  unnecessary,  unless  it  be  intended  to  compre- 
hend, under  that  name,  waters  which  might,  otherwise,  be  considered 
as  bays  or  creeks.  Whatever  extent  of  fishing  ground  may  be  se- 
eur^d  to  American  fishermen,  the  American  Plenipotentiaries  are  not 
prepared  to  accept  it  on  a  tenure,  or  on  conditions  different  from  those 
on  which  the  whole  has  heretofore  been  held.  Their  instructions  did  not 
anticipate  that  any  new  terms  or  restrictions  would  be  annexed,  as 
none  were  suggested  in  tlie  proposals  made  by  Mr.  Bagot  to  the  Ame- 
rican government.  The  clauses  forbidding  the  spreading  of  nets,  and 
•naking  vessels  liable  to  confiscation,  in  case  any  articles  not  wanted 
for  carrying  on  tlie  fishery  should  be  found  on  hoard,  are  ,>f  that  «'e 
scriptioD)  and  would  expose  the  fishermen  tu  endless  vexations. 


136 


Mississippi, 


The  American  Plenipotentiaries  are  not  authorized  to  agree  to  any 
condition  that  would  brin|i^  the  British  in  contact  with  the  MiHsivSsippi. 
The  right  to  the  navigation  of  that  river  could  only  be  derived  from 
the  treaty  of  1783;  and,  if  viewed  as  a  matter  of  compromise,  that 
right  is  much  less  valuable  and  important  than  the  portion  of  the  fish- 
eries which  the  United  States  would  lose  by  the  agreement,  even  on 
the  terms  proposed  by  them. 

Boundary. 

That  portion  of  the  article  which  relates  to  the  country  west  of  the 
Stoney  Mountains,  cannot  be  agreed  to  in  its  present  shape.  The 
American  Picnipotentiftries  cannot  consent  to  throw  in  a  common 
stncli  that  part  only  of  the  country  to  which  the  United  States  deny 
the  claim  of  Great  Britain,  and  which  lies  within  the  same  latitudes 
as  their  own  territories  east  of  the  Stone;'  Mountains;  thus,  also,  im- 
plying the  exclusion  of  their  citizens  from  the  trade  on  the  Northwest 
Coast  of  America,  (north  of  49°,)  which  they  have  enjoyed  without 
interruption  for  a  number  of  years>  and  as  early  as  the  British. 

Nor  are  they  authorized  to  agree  to  expressions  implying  a  renun- 
ciation of  territorial  sovereignty,  although  perfectly  disposed  not  to 
insist  on  an  extension  of  the  line  of  demarcation  to  that  country. 
They  will  propose  either  that  the  whole  of  the  article  relating  to  that 
subject,  and  immediately  following  the  words,  to  the  Stoney  Mountains, 
should  be  omitted,  inserting  in  lieu  thereof  a  proviso  similar  to  what 
had»  on  former  occasions,  been  agreed  to,  viz:  **  But  nothing  in  the 
**  present  article  shall  be  construed  to  extend  to  the  Noithwest 
"  Coast  of  America,  or  to  territories  belonging  to  or  claimed  by 
**  either  party  on  the  continent  of  America  westward  of  the  Stoney 
Mountains.'*  Or,  that  the  proposed  article  should  be  amended  in  the 
manner  stated  in  the  enclosed  copy. 

Slaves. 

The  American  Plenipotentiaries  had  hoped  that  this  subject  might 
have  been  arranged  without  a  reference  to  a  friendly  power.  If  this 
cannot  be  done,  they  will  agree  to  the  reference;  observing,  however, 
that  a  change  in  the  phraseology  will  be  necessary,  so  as  to  bring  the 
whole  claim  before  the  foreign  sovereign.  They  are  also  authorized 
to  agree  that  the  Emperor  of  Russia  should,  by  the  article,  be  desig- 
nated as  the  umpire. 


[71] 


187 


se  to  any 
ssissippi. 
ved  from 
lise,  that 
r  the  fish- 
f  even  on 


'est  of  the 
pe.    The 

common 
ates  deny 

latitudes 
,  also,  im- 
<Ioi'thwest 
d  without 
itish. 
5  a  renun- 
sed  not  to 

country, 
ing  to  that 
lountainSt 
iv  to  what 
ing  in  the 
tfoithwest 

aimed  by 

le  Stoney 
Ided  in  the 


ect  might 
If  this 
however, 
bring  the 

luthorized 
bedesig- 


No.  7. 

Frotticol  of  the  sixth  Conference  between  the  Jimmcan  and  British 
flenipotentariest  held  at  ff'hitehall,  on  the  9th  of  October ^  1818. 

Ftt£8£NT — Mr.  Gallatin, 
Mr.  Rush, 
Mr.  Robinson. 

The  American  Plenipotentiaries  declared  that  they  could  not 
agree  to  the  article  upon  the  fisheries  brought  forward  by  the  British 
Plenipotentiaries  at  the  preceding  conference,  nor  to  that  respecting 
the  navigation  of  the  Mississippi,  nor  to  any  article  that  would  bring 
the  British  in  contact  with  that  river. 

They  also  stated  that  they  could  not  take  into  consideration  the 
article  respecting  the  intercourse  with  Nova  Scotia  and  lew  Bruns- 
wick, unconnected  with  the  subject  of  the  British  West  Indies. 

They  presented  several  amendments  (A,  B,)  to  the  articles  respect- 
ing the  boundary  line  and  slaves  carried  away,  proposed  at  the  last 
oonference  by  the  British  Plenipotentiaries. 
It  was  agreed  to  meet  again  on  Tuesday,  the  ^Sth  instant. 

ALBERT  GALLATIN, 
RICHARD  RUSH, 
FRI^DERICR  JOHN  ROBINSON, 
HENRY  GOULBLRN. 


ARTICLE. 

It  is  agreed  that  a  line,  drawn 
from  tiie  most  northwestern  point 
of  the  Lake  of  the  Woods,  along 
the  forty-ninth  parallel  of  lati- 
tude, or  if  the  said  point  shall 
not  be  in  the  49th  parallel  of 
north  latitude,  then  that  a  line, 
drawn*  due  north  or  south,  as  the 
ease  may  be.  until*  [it]  shall  in- 
tersect the  said  parallel  of  north 
latitude,  and  from  the  point  of 
such  intersection,  due  west,  along 
and  with  the  said  parallel,  shall 
be  the  line  of  demarcation  be- 
tween the  territories  of  his  Bri- 
tannic Majesty  and  those  of  the 
United  States,  and  that  the  said 
line  shall  form  the  southern  boun- 
dary of  the  said  territories  of  his 
Britannic  Majesty,  and  the  north- 
ern boundary  of  the  territories  of 
the  United  States,  from  the  said 
Lake  of  the  Woods  to  the  Stoney 

18 


A^ 


1  From  the  said  point. 
*  The  said  line. 


138 


L7t] 


Mountain^,'*'  and'  [in  onler  to 
prexent  anv  disputes  as  to  the 
territorial  riglits  of  either  of  the 
contracting  parties  on  the  North* 
^est  Coast  of  America*  or  any 
where   to   the   westward   of  the 
Stoney  Mountains,  it  is  agreed 
that  so  much  of  the  said  country 
as  lies  between  the  45th  and  49th 
parallels  of   latitude.]    together 
with  its  harbors,  bays,  and  creeks, 
and  Ihe  navigation  of  all  rivers 
within  the  same,  shall  be  free  and 
open  to  the  subjects  and  citizens 
of  the  two*  [states]  respectively, 
for  the  purpose  of  trade  and  com- 
merce, it  being  well  understood, 
that'  [although  by  virtu<?!  of  this 
arrangement,  the  two  high  con- 
tracting parties  agree  not  to  ex- 
ercise as  against  each  other,  any 
other  soveieign  or  territorial  au- 
thority within  the  above  mention- 
ed  country,    lying  between  the 
45th  and  49th  parallels  of  lati- 
tude,] this  agreement  is   not  to 
be  construed  to  the   prejudice  of 
any  claim  which   either  of   the 
two  high  contracting  parties  may 
have  to  any  territorial  authority 
in  any  part  of  the  country,*  [ly- 
ing within   the  said  limits,]  nor 
shall  it   be  taken  to    affect   the 
claim  of  any  other  power  or  state 
to  any  part  of  the  said   country, 
the  only  object  of  the  two   high 
cotttracting  parties  being  to  pre* 
vent  disputes  and  differences  be- 
tween themselves. 


'  It  is  further  agreed,  that  so 
much  of  the  country  on  the  N  <»  ili- 
west  Coast  of  America,  or  any 
wiiere  to  the  westward  of  the  Sto- 
ney Mountains,  as  may  be  claim- 
ed by,  or  be  in  the  poKH<ssion  of 
either  of  the  two  parties. 


*  Powers. 


i) 


1 


•  Aforesaid. 


ARTICLE. 


Whereas  it  was  agreed,  by  the 
first  article  of  the  treaty  of  Ghent, 
that  •*  all  territory,  places,  and 
possessions,  whatsoever,  taken  by 

*  Or  all  the  words  that  follow  to  be  omitted,  and  the  following  to  be  inserted  in 
lieu  th  -reof,  viz: 

"  But  nothing-  in  the  present  article  shall  be  construed  to  extend  to  the  Northwest 
Coast  of  America,  oi  to  ttriiti  lies  belnniring  to,  or  claimed  by,  eitiier  party,  on  the 
coKlinent  of  America,  westward  of  the  iiftoney  Mouiitains," 


■  r 


[71] 


ii§ 


either  party  from  the  other,  during 
tlie  war.  or  \siAvU  ma\  bi^  taken 
after  the  signing  of  tlii-^  ti-eaty* 
excepting  only  the  islHiidit  herein- 
after  mentioned^  sliall  be  restored 
iKithout  delay«  and  without  raus- 
ing  any  destruction,  or  carrying 
away  any  of  the  artillery,  or 
otl»f''  public  property,  originally 
cajiturcd  in  the  said  forts  or 
places,  and  which  shall  remain 
therein  upon  the  exchange  uf  the 
ratifications  of  this  treaty,  or  any 
slaves,  or  other  private  proper- 
ty;'* and  whereas,  "[doubtshave 
arisen,  whether  certain  slaves, 
originally  captured  in  certain 
forts  and  places  belonging  to  the 
United  States,  and  removed  there- 
from, but  remaining  within  the 
territories  of  the  United  States, 
or  on  board  the  ships  of  his  Bci 
tannic  Majesty  lying  within  the 
harbors  of  the  United  States,  at 
the  time  of  the  exchange  of  the 
ratifications  of  the  said  treaty, 
are  to  be  restored  under  the  above 
recited  provisimis  of  the  above 
treaty;]  the  high  contracting  par- 
ties do  hereby  agree  to  refer  the 
said  '[doubts  to  some  friendly 
sovereign,  or  state,  to  be  named 
for  that  purpose,]  and  the  high 
contracting  parties  engage  to  con- 
sider the  decision  of  ^[sucii  friend- 
ly sovereign  or  state  to  be]  final 
and  conclusive  on  all  the  matters 
referred. 


9. 

1.  Under  the  aforesaid  article, 
the  United  States  claim  for  their 
citizens,  and  as  their  private  pro- 
perty, the  restitution  of,  or  full 
compensation  for,  all  slaves,  who, 
at  the  date  of  the  exchange  of  the 
ratifications  of  the  said  treaty,  w  ere 
in  any  territory,  places,  or  poses* 
sions  whatsoever,  directed  by  the 
said  treaty  to  be  restored  to  the 
United  States,  but  then  still  oc- 
cupied by  the  British  forces,  and 
who  were  afterwards  removed  or 
carried  away  by  the  said  forces; 
whether  such  slaves  were,  at  the 
date  ivforesaid,  on  shore,  or  on 
board  any  British  vessels  lying 
in  waters  within  the  territory  or 
jurisdiction  of  the  United  States. 
And  whereas  differences  have 
arisen,  whether,  by  the  true  intent 
and  meaning  of  the  aforesaid  ar- 
ticle of  tlie  treaty  of  Ghent,  the 
United  States  are  entitled  to  the 
restitution  of,  or  full  compensation 
for  all  slaves  as  above  described. 

2.  differences  to  his  Imperial 
Majesty,  the  Emperor  of  all  the 
Russias 

3.  his  said  Imperial  Majesty 


140 


[71] 


No.  8. 

Mr.  Gallatin  and  Mr.  Runh  present  their'  compliments  to  Mr. 
Robinson  and  Mr.  Goulburn,  and  beg  leave  to  state^  that,  on  full 
consideration,  since  the  meeting  on  Friday,  they  do  not  feel  them- 
selves authorized  to  consent  to  the  condition  annexed  to  the  second 
article  of  the  projet  on  impressment,  wliich  declares  that  '*  none  oth- 
**  er  than  the  persons  whose  names  shall  be  included  in  the  said  listsy 
**  shall  be  deemed  to  fall  within  the  said  exception.'*  Their  reasons 
are  stated  in  the  enclosed  unofficial  memorandum 

Mr.  G.  and  Mr.  R.  give  this  notice  of  their  disagreement,  previous 
to  the  meeting  fixed  for  to-morrow,  in  the  hope  that,  if  the  alteration 
vrhich  they  have  heretofore  proposed,  should  not,  contrary  to  their 
expectations,  be  found  acceptable,  some  other  amendment  or  modi- 
fication may  suggest  itself  to  the  British  PlenipotenUaries,  rather 
than  that  the  arrangement  should  fall  through. 

October  12,  1818. 

Memorandum. 

Lists  of  Seamen  naturalized. 

It  is  required  by  the  British  Plenipotentiaries  that  persons,  whose 
names  shall  not  appear  on  the  lists  of  naturalized  seamen,  to  be  mu- 
tually furnished  by  the  two  governments,  shall  not  be  considered  as 
falling  witliin  the  exception  contemplated  by  the  agreement;  that  is 
to  say,  that  such  persons,  although  naturalized,  shall,  respectively, 
be  excluded  from  the  public  or  private  marine  of  either  party. 

But  it  is  impracticable  for  the  government  of  the  United  States  to 
procure  complete  lists  of  naturalized  seamen,  for  the  following  rea- 
sons: 

Prior  to  the  year  1790,  aliens  might  be  naturalized  according  to 
the  laws  of  the  several  states;  and  it  is  known,  that  in  some  of  them, 
Pennsylvania  for  instance,  the  naturalization  took  place  before  Jus- 
tices of  the  Peace.  In  these  cases,  and  also  when  the  records  of  a 
Court  may  have  been  destroyed,  it  would  be  found  ditlicult,  if  not 
impossible,  to  obtain  any  other  evidence  of  the  naturalization  than 
the  ( ertilicate  given  at  the  time  to  the  naturalized  person. 

c*incc  the  year  1790,  although  the  term  of  previous  residence  has 
▼aried,  the  mode  has  been  uniform.  Aliens  have  been  naturalized 
only  in  conformity  with  the  laws  of  the  United  States,  and  before 
such  courts  of  record  as  were  designated  by  those  laws.  But  tliat 
designation  embraced  not  only  the  Courts  of  the  United  States,  pro- 
perly so  called,  but  also  the  Courts  of  the  several  States,  including 
even  thoH.^  of  a  subordinate  jurisdirticm,  amounting,  together,  to  se- 
veral hundred.  It  rs  necessary  to  add,  that  minor  children  of  natu- 
ralized persons,  if  dwelling  in  tlie  United  States,  become  also,  by 
virtue  of  their  father's  naturalization,  ipso  facto,  naturalized  them- 
selves. 

If  an  attempt  is  made  to  compile  tlie  lists  required  from  the  re- 
cords of  the  several  Courts,  a  first  and  leading  objection  is,  that  the 
Courts  of  tlie  several  states,  not  being  bound  to  obey,  in  that  respect, 


i 


[711 


141 


e  has 
lizcd 
et'ore 
that 
pi'o- 
diiig 
L»  se- 
latu- 
by 
eni> 

re- 
It  tlie 
)ect, 


the  orders  of  the  General  Government,  it  will  be  optional  with  tliem 
whether  the  cii'rks  shall  abstract,  from  the  recmds  of  thirty  years, 
those  oi  tiie  iiatiiiaiizalion  of  ali«ns,  which  are  interspersed  among 
thorn,  and  transmit  those  abstracts  to  the  government  of  the  United 
States. 

But,  Nupposing  that  every  one  of  those  Courts  should  comply 
"wltli  )hc  order,  tiie  lists  must  contain  the  names  of  all  the  British 
natural  born  subjects,  (and  for  the  years  179U  to  1795,  during  which 
time  no  discrimination  of  birth-place  was  recorded,  of  all  aliens,) 
wh(i  have  been  naturalized  for  a  period  of  thirty  years,  without 
p)»intiiigout  those  who  were  seamen,  no  specification  of  the  profes- 
sion or  calling  of  the  parties  ever  having  been  required  by  law  to 
be  entered  on  the  records.  And  those  lists,  although  containing  the 
names  of  many  thousand  persons,  not  seamen,  would  be  defective, 
b>  the  total  omission  of  the  names  of  the  minor  children  above  men- 
tioitod,  their  names  not  having  been  directed,  by  law,  to  make  part  of 
the  rec<»rd,  and  the  burthen  of  the  proof  of  their  citizenship  resting 
with  tlmnKelves. 

The«e  is  b!it  one  other  source  of  information  from  which  the  lists 
requind  might  be  partially  obtained. 

The  collectors  of  customs  have  been  required,  by  a  law  passed  in 
1796,  to  keep  books,  in  which  the  names  of  seamen,  citizens  of  tho 
United  States,  should,  on  their  application,  be  entered.  It  is  known 
that  this  law  was  never  fully  complied  with,  and  that  the  returns  are 
defective.  But,  even  in  the  cases  where  the  collectors  have  compli- 
ed with  it,  the  registers  must,  necessarily,  be  incomplete,  since  no 
names  were  entered  but  on  the  application  of  the  parties;  besides 
which,  the  names  of  the  native  citizens  were  not,  by  the  law,  direct- 
ed to  be  distinguished  from  those  of  naturalized  persons. 

From  this  statement  of  facts,  it  follows  that,  although  partial  lists 
may  be  compiled,  which  will  contain  the  names  of  many  naturalized 
British  seamen,-those  lists  will  still  be  very  imperfect.  If  the  con- 
dition now  urged  was  complied  with,  the  consequence  would  be,  that 
aliens,  naturalized  prior  to  the  treaty,  who  have  become  citizens  of 
the  United  States  on  the  faith  of  a  public  law,  and  arc,  thereby,  enti- 
tled to  every  political  and  civil  right  enjoyed  by  native  citizens,  (that 
of  becoming  President  or  Vice  President  of  the  United  States  only 
excepted)  would,  by  a  retrospective,  and  therefore  unconstitutional 
ict,  be  deprived,  not  of  a  privilege  merely  political,  but  of  the  right 
of  exercising  the  only  profession  they  have,  for  the  support  of  them- 
selves and  their  families.  And  minors,  too,  who  have  never  known 
any  other  country  but  America,  would  be  precluded  f/om  following 
the  seas  when  they  came  to  a  proper  age. 

The  American  Plenipotentiaries  cannot  assent  to  a  condition  in- 
volving such  results.  They  are  expressly  bound,  by  their  instruc- 
tions, whilst  admitting,  as  a  general  principle,  that  neither  govern- 
ment shall  employ,  in  its  public  or  private  marine,  the  natural  horn 
subjects  or  citizens  of  the  other  country,  to  except  from  its  opera- 
tion all  those  who  shall  have  been  natui'alized  prior  to  the  treaty. 
That  exception  has  been  mutually  assumed,  as  one  of  the  foundations 


143 


[71  ] 


of  the  agreement;  and  the  effect  of  the  condition  alluded  to,  would 
necessarily  b<',  that  a  portion  only  of  the  persons  thus  previouMJy  na* 
turalizcd  in  the  United  States,  would  be  embraced  by  theexcep  Jon. 

The  American  Plenipotentiaries  beg  leave  to  add,  that  the  condi- 
tion appears  to  them  unnecessary.  Accordiuje;  to  that  which  thejr 
propose,  every  British  natural  born  subject,  not  included  in  the  lists* 
and  claiming  to  be  employed  as  a  seaman  on  board  an  American  ves- 
sel, must  adduce  proofs  of  his  having  been  naturalized  prior  to  the 
exchange  of  ratifications,  lie  must  produce  either  the  original  cer- 
titicaie  of  his  naturalization,  or  an  authentic  copy,  attested  as  such 
by  the  proper  Court.  If  claiming  as  a  minor,  by  virtue  of  his  la- 
ther's naturalization,  he  must,  in  addition,  produce  legal  proofs  of 
the  fact.  In  the  rases  for  which  the  condition  is  intended  to  provide, 
proofs  may  always  be  given,  similar  to  those  which,  in  every  case, 
would  be  admitted  as  conclusive  by  the  laws  of  Great  Britain,  as 
well  as  by  those  of  the  L'nited  States. 

Finally,  the  right  reserved  to  either  party  of  annulling  the  agree- 
ment at  will,  atftirds  security  in  this  case,  as  well  as  in  all  others. 
This  reservation,  which  had  not  been  contemplated  by  the  Govern- 
ment of  the  United  States,  has  been  acceded  to  by  their  Plenipoten- 
tiaries, in  order  to  remove  every  objection  to  the  arrangement,  and 
to  avoid  the  necessity  of  entering  into  details  respecting  the  measures 
necessary  to  carry  it  into  effect.  Great  Britain  being,  thereby,  ef- 
fectually secured  against  every  risk,  and  holding  in  her  own  hands  a 
complete  remedy  against  deviations  from  the  tt  ems  of  the  compact  in 
all  cases,  no  necessity  appears  to  exist  for  an  av'Iditioual  security  on 
this  particular  point. 


N3.  9* 

Protocol  of  the  seventh  Conference  between  the  American  and  Britisk 
Plenipotentiaries^  held  at  fFhitehaU,on  the  I3th  of  October,  1818. 

Present — Mr.  Gallatin, 
Mr.  Rush, 
Mr.  Robinson, 
Mr.  Goulburn. 
The  British  plenipotentiaries  acquiesced  in  the  amendment  pro- 
posed at  the  preceding  conference  by  the  American  plenipotentiaries, 
in  the  article  respecting  captured  slaves,  except  as  far  as  related  to 
the  insertion,  :n  the  article,  of  the  name  of  any  particular  power. 

They  biought  forward  new  articles,  (A,  B,  C,  D,  E,)  respecting 
the  fisheries,  tiie  boundary,  impressment,  and  mealtime  points,  and 
accompaniid  tlie  aiticles  D,  w  ith  the  annexed  memorandum  K.    They 
agr-'  i!  !•:  tlie  omission  of  the  articii*  respecting  the  Mississippi. 
It  was  agreed  to  meet  again  on  Motuiay,  the  19th  instant. 

ALBERT  GALLATIN, 
RiCHAUn  RUSH, 
FUEDKRICK  JOHN  ROBINSON, 
HENKY  GOULBURN. 


,  would 
umIv  na« 
|uion. 

condU 
rli  they 
lie  listn, 
can  \es- 

to  tho 
rial  rep- 
as  such 
f  his  fa- 
root's  of 
providr, 
ry  case, 
tain,   as 

le  aji^ree- 
nthei'S. 
Govern- 
nipoten- 
>nt,  and 
nt'asures 
reby,  ef- 
hands  a 
II pact  in 
urity  on 


British 
818. 


snt  pro- 
tiai'iesy 
ated  to 


«er. 


iperting 
ts,  and 
Tlicy 


»0N, 


[71] 


ARTICLE  A. 


148 


Whereas  differencps  have  arisen  respectin)!^  the  liberty  claimed  by  tho 
United  States  fur  the  inhabitants  thereof  ti»  take,  dr^,  and  cure  fish, 
on  certain  coasts,  bays,  liarb<»rs,  and  creeks,  of  his  Britannic  Majes- 
ty's dominions  in  America:  It  is  agreed  between  the  high  contracting 
pat  ties,  that  the  itihabitants  of  the  said  United  States  shall  have,  for 
ever,  in  common  with  the  subjects  of  his  Britannic  Majesty,  the  liber- 
ty to  take  fish  of  every  kind  on  that  part  of  i  he  southern  coast  of  New- 
foundland which  extends  from  Cape  Ray,  to  the  Hamian  Islands, 
on  the  western  and  northern  coast  of  .'  ewfoundland,  I'lom  the  said 
Capo  Ray,  to  the  Quinpon    islands,  on  the  shores  of  the  Maji^dalen 
islands,  and  also  on  the  coasts,  bays,  harhois,  and  creeks,  fioui  Mount 
Joiy,  on  the  southern  coast  of  Labrador,  to  and  throuji^'h  the  streights 
of  Bell   Isle,  and  tlicnce,  northwardly,  indefinitely,  along  the  coast, 
without  prejudice,  however,  to  any  of  the  exclusive  rights  of  the 
Hudson's  Bay  company;  and  that  the  American  lisherinen  shall  also 
have  liberty,  forever,  to  dry  and  cure  fish  in  any  ot  the  unsettled  bays, 
harboi-s.  and  creeks,  of  the  southern  part  of  the  coast  of  Newfound- 
land, liereabove  described,  and  of  the  coast  of  Labrador;  but  so  soon 
as  the  same,  ur  any   portion  thereof,  shall   be  settled,  it  shall  nut 
be  lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such  portion  so 
settled,  without  previous  agreement  for  such  purpose  with  the  inha- 
bitants, proprietors,  or  possessors  of  the  ground.     And  the  United 
States  hereby  renounce,  for  ever,  any  liberty  heretofore  enjoined  op 
claimed  by  the  inhabitants  thereof,  to  take,  dry,  or  cure  fish  on  or 
within  three  marine  miles  of  any  of  the  coasts,  bays,  creeks,  or  har- 
bors, of  his  Britannic  M^tjesty's  dominions  in  America,  not  included 
within  the  above  mentioned  limits:    Provided^  howevert  That  the 
American  fishermen  shall  be  admitted  to  enter  such  bay  ;  or  harbors 
for  the  purpose  of  shelter,  and  of  repairing  damages  therein,  of  pur- 
chasing wood,  and  obtaining  water,  and  for  no  other  purpose  what- 
ever.    But  they,  shall  be  under  such  restpictions  as  may  be  necessary 
to  prevent  their  taking,  drying,  or  curing  fish  therein,  or  in  any  other 
manner  whatever  abusing  the  privileges  hereby  reserved  to  them. 

ABTICLE  B. 

It  is  agreed  that  a  line,  drawn  from  the  most  northwestern  point  of 
the  Lake  of  the  Woods,  along  the  forty-ninth  parallel  of  north  lati- 
tude, or  if  the  said  point  shall  not  he  in  the  forty-ninth  parallel  oC 
north  latitude,  then,  that  a  line,  drawn  from  the  said  point,  due  north 
or  south,  as  the  case  maybe,  until  the  said  line  shall  intersect  the  said 
parallel  of  north  latitude,  and  from  the  point  of  such  intersection,  due 
west,  along  and  with  the  said  parallel,  shall  be  the  line  of  demarca- 
tion between  the  territories  of  his  Britannic  MajevSty  and  those  of 
the  United  States;  and  that  the  said  line  shall  form  the  southern 
boundary  of  the  said  territories  of  his  Britannic  Majesty,  and  the 
northern  boundary  of  tlie  territories  of  the  United  States,  from  the 
Lake  of  the  Woods  to  the  Stoney  Mountaitis.  But  nothing  in  the  pre- 


144 


[71] 


I)    ' 


cedinj^  part  of  this  article  BhRll  be  construed  to  extend  to  the  north- 
west  coast  of  America,  or  to  territories  belorigiiija;  to.  or  claimrd  by, 
either  party ,  on  the  continent  of  America  westward  of  the  Stnney  M(»m- 
tains;  and  any  such  country  as  may  be  claimed  by  eiMier  party,  umt- 
1%'ard  of  the  Stoney  Mountains,  shall,  together  with  its  harbors,  bays» 
and  creeks,  and  the  navigation  of  all  rivers  within  the  same,  be  free 
and  open  to  the  vessels,  subjects,  or  citizens,  uf  the  two  povaers.  res- 
pectively, for  the  purposes  of  trade  and  commerc.  It  being  well 
understood  that  nothing  contained  in  this  article  shall  be  taken  to 
affect  the  claims  of  any  other  power  or  state  to  any  part  of  the  naid 
country,  the  only  object  of  the  two  high  contracting  parties  being  to 
prevent  disputes  and  differences  between  themselves. 

ARTICLE  C. 

His  Majesty  the  Ring  of  the  United  Kingdom  of  Great  Britain, 
&c.  tk,c.  kc.  and  the  United  States  of  America,  animated  with  an 
equal  desire  to  prevent,  bv  conventional  regulations,  the  recurrence 
of  inconveniences,  which  have  heretofore  arisen  from  the  employment 
of  the  natural  born  subjects  of  His  Britannic  Majesty  in  the  public 
or  private  marine  of  the  United  States,  and  from  the  employment  of 
the  natural  born  citizens  of  the  United  States  in  the  public  or  private 
marine  of  His  Britannic  Majesty,  have  nominated  Plenipotentiaries 
to  negotiate  a  convention  for  this  desirable  object. 

His  Majesty  the  Ring  of  the  United  Ringdom  of  Great  Britain 
and  Ireland,  fee.  &c.  &c.  has  nominated  the  Right  Honorable  Frede- 
rick John  Robinson,  &c.  &c.  &c.  and  Henry  Goulburn,  Esquire,  &c, 
&c.,  and  the  President  of  the  United  States  has  nominated  Albert 
Gallatin,  Esquire,  kc.  kc.  kc.  and  Richard  Rush,  Esquire,  kc.  kc, 
kc.  who,  having  exchanged  tlieirfull  powers,  found  in  good  and  due 
form,  have  agreed  upon,  and  signed,  the  following  articles: 

ARTICLE  1. 

The  high  contracting  parties  engage  and  bind  themselves  to  adopt* 
respectively,  without  delay,  the  most  effectual  measures  for  excluding, 
respectively,  from  serving  either  in  their  public  or  private  marine,  the 
natural  born  subjects  and  the  natural  born  citizens  of  the  other  party, 
that  is  to  say:  His  Majesty  the  Ring  of  the  United  Ringdom  of  Great 
Britain  and  Ireland,  for  excluding  the  natural  born  citizens  of  the 
United  States  from  serving  either  in  the  public  or  private  marine  of 
his  dominions;  and  the  United  States,  for  excluding  the  natural  born 
subjects  of  His  Britannic  Majesty  from  serving  either  in  the  public 
or  private  marine  of  the  United  States;  and  such  measures,  when 
adopted,  shall  be  immediately  communicated  by  each  party  to  the 
other:  Provided,  always.  That  nDthiiig  contained  in  this  article  shall 
be  understood  to  apply  to  any  seamen,  being  natural  born  subjects  of 
His  Britannic  Majesty,  or  natural  born  citizens  of  the  United  States, 
who  have  been  naturalized  by  the  respective  laws  of  either  Power, 
previous  to  tlie  signature  of  the  present  Convention. 


[711 


145 


e  north- 
iiiiri)  liy, 
y  Mo>'t»- 
ty,  vv«t- 
I'H,  bays 
',  bo  f'rpe 
ors.  I'ps- 
ing  well 
tuken  to 

tilC  HHld 

being  to 


Britain, 
with  an 
tcurrence 
[iloynient 
le  public 
yment  of 
ir  private 
tentiaries 

t  Britain 
le  Fiede- 
[uire,  &c. 
>d  Albert 

Aic.  &c. 

and  due 


to  adopt) 
(eluding, 
irine,  the 
er  ])artyy 
of  Great 
s  of  the 
iiarine  of 
ral  born 
le  public 
es,  when 

to  the 

icie  shall 

bjerts  of 

d  States, 

Power, 


ARTICLE  2. 

The  high  contracting  parties  engage  to  deliver,  each  to  the  other, 
within  eighteen  months  from  the  ratification  of  the  pi'csent  Conven- 
tion, a  list,  as  far  %s  it  may  be  found  practicable  to  obtain  it,  con- 
taining  the  names  and  description  of  the  seamen  falling  within  the 
said  exception,  specifying  the  places  of  their  birth,  and  the  date  of 
their  becoming  naturalized.  And  it  is  further  agreed,  that  no  person, 
whose  name  shall  not  be  included  in  the  said  jists,  shall  be  deemed  to 

fall  within  the  said  exceptions. 

t> 

ARTICLE  3. 

It  is,  however,  agreed,  that,  if  one  of  the  high  contracting  parties 
shall,  Ptiiny  time  during  the  continuance  of  this  Convention,  think 
fit  to  no^fiy  to  the  other  that  it  does  not  insist  upon  the  exclusion  of 
its  natural  born  subjects,  or  natural  born  citizens,  from  the  public  or 
private  marine  of  the  other  party,  it  shall  be  competent  to  the  said 
other  party,  notwithstanding  the  engagement  .'et  forth  in  the  first 
article  of  this  Convention,  no  longer  to  exclude  the  said  subjects  or 
citizens:  Provided  always,  that,  whenever  the  Power  which  has  made 
the  said  notification  shall  recal  the  same,  its  recal  shall  be  imme^ 
diately  communicated  to  the  other  contracting  party;  and,  on  receipt 
of  such  communication,  the  Power  receiving  the  same  shall,  forthwith, 
make  it  known,  in  the  most  public  and  official  manner,  and  shall  use 
its  utmost  endeavors  to  restrain  the  said  subjects  or  citizens  of  the 
other  party  from  further  serving  in  its  public  or  private  marine,  and 
shall  enforce  the  exclusion  of  such  of  the  said  subjects  or  citizens  of 
the  other  power  as  may  then  be  in  its  service,  as  if  no  such  stipula- 
tions as  are  contained  in  the  preceding  part  of  this  article  had  been 
agreed  to. 

ARTICLE  4. 

It  is  agreed  by  the  high  contracting  parties,  that,  during  the  con- 
tinuance of  the  present  Convention,  neither  power  shall  impress  or 
forcibly  withdraw,  or  cause  to  he  impressed  or  forcibly  withdrawn, 
any  person  or  persons  from  the  vessels  of  the  other  party,  when  met 
upon  the  high  seas,  or  upon  the  narrow  seas,  on  any  plea  or  pretext 
whatsoever:  Provided  always,  that  nothing  contained  in  this  article 
shall  be  construed  to  impair  or  affect  the  rights  of  either  power  to 
impress,  or  forcibly  withdraw,  or  cause  to  be  impressed,  or  forcibly 
withdrawn,  its  natural  born  subjects  or  natural  born  citizens,  not 
falling  within  the  exceptions  mentioned  in  the  preceding  articles, 
from  any  vessel  being  within  its  ports,  or  witliin  its  ordinary  mari- 
time jurisdiction,  as  acknowledged  by  the  law  of  nations;  and  also 
provided,  that  nothing  herein  contained  shall  be  construed  to  impair 
or  affect  the  established  right  of  search,  as  authorized  in  time  of  war 
by  the  law  of  nations. 
19 


146 


[71] 


A'^tTlCLB  5. 

The  high  contracting  parties  have  agreed  to  extend  the  duration  of 
the  present  treaty  to  ten  years,  and  they  reserve  to  themselves  to  con- 
ce  t  as  to  its  renewal,  at  such  convenient  period^  previous  to  its  ex- 
pi  ation,  as  may  ensure  to  their  i*espective  subjects  or  citizens,  as 
aforesaid,  the  uninterrupted  benefit  which  they  expect  from  its  jiro- 
visions:  Provided,  always,  that  either  power  may,  if  it  deem  it  expe- 
dient, upon  giving  six  months'  previous  notice  to  the  other,  wholly 
abrogate  and  annul  the  present  treaty. 

ARTICLE  6. 

It  is  agrerd  that  nothing  contained  in  the  preceding  articles  shall 
be  undtTstood  to  impair  or  affect  tlie  rights  and  principles  on  which 
the  high  contracting  parties  have  lieretofore  acted  in  respevi  to  any 
of  the  matters  to  which  these  stipulations  refer,  except  so  far  as  the 
same  shall  have  been  modified,  restrained,  or  suspended,  by  the  said 
articles.  And  whenever  the  jircsent  convention  shall  cease  to  be  in 
operation,  either  by  the  expiration  of  the  term  for  which  it  is  enacted, 
without  any  renewal  of  the  same,  or  by  the  abrogation  thereof  by  ei- 
ther of  the  contracting  parties,  as  herein  before  provided,  or  (which 
God  forbid)  by  any  war  between  the  high  contracting  parties,  each 
of  the  said  high  contracting  parties  shall  stand,  with  respect  to  the 
other,  as  to  its  said  rights  and  principles,  as  if  no  such  convention  had 
ever  been  made. 


D. 


AUTICLE   (a.) 

Whenever  one  of  the  high  conti-acting   parties  shall  be  at  war, 
any  vessel  of  the  otiier  party,  sailing  for  a  port  or  place  belonging  to 
an  enemy  of  the  party  at  war.  without  knowing  that  the  sanie  is 
!      I  blockaded,  may  be  turned   away   from  such  port  or  place;   but  she 

{  shall  not  be  detained  on  account  of  such  blockade,  unless,  after  such 

notice,  she  shall  again  attempt  to  enter.  And,  in  order  to  determine 
>vhat  characterises  a  blockade,  it  is  agreed  tliat  that  denomination 
shall  a|)|)ly  only  to  a  port  where  there  is,  by  the  disposition  of  the 
power  which  blockades  it  with  a  naval  force,  stationary  or  sutticient- 
!y  near,  an  evident  danger  in  entering. 

i; 

I  ARTICLE  (&.) 

I  In  order  to  regulate  what  is  in  future  to  be  deemed  contraband  of 

I  Mar,  it  is  agreed  that,  under  the   said  denomination  shall  be  com- 

prised all  arms  aiid  implements,  serving  for  thepurp)ses  of  war,  by 
'  land  or  by  sea^  such  as  cannon,  mortars,  muskets,  pistols,  and  other 


t 

0 


II     i 


[71  3 


147 


fire  arms,  petards^  bomb?)  grenades,  carcasses,  saucissesi,  rocket^, 
carriages  tor  cannon,  firelocks,  musket-rests,  bandoliers,  gunpow- 
der, saltpetre,  niatcbballs,  and  bullets,  helmets  or  bead  pieces,  cui- 
rasses, swords,  pikes,  balberts,  lances,  javelins,  saddles,  bridles,  and 
other  horse  furniture,  bolsters,  pouches,  belts,  and,  generally,  all 
other  implements  of  war;  as,  also,  timber  for  shipbuilding,  tar,  or 
rosin,  copper  in  sheets,  sails,  hemp,  and  cordage,  and,  generally, 
whatever  may  serve  directly  to  the  equipment  of  vessels,  unwrought 
iron  and  planks  only  excepted;  and  all  the  above  articles  are  hereby 
declared  to  be  just  objects  of  confiscation,  whenever  they  are  at- 
tempted to  be  carried  to  an  enemy. 

In  all  cases  of  unfounded  detention,  or  other  contravention  of  the 
reg<iJ|^tions  stipulated  by  the  present  treaty,  the  owners  of  the  vessel 
and  cargo  detained  shall  be  allowed  damages  proportioned  to  the 
loss  occasioned  thereby,  together  with  the  costs  and  charges  of  the 
trial.  All  proper  measures  shall  be  taken  to  prevent  delays  in  decid- 
ing the  rases  of  ships  or  cargoes  so  brought  in  for  adjudication,  and 
in  payment  or  recovery  of  any  indemnification  adjudged  or  agreed  to 
be  paid  to  the  masters  or  ovvners  of  such  ships  or  cargoes.  And 
whenever  sentence  shall  be  pi'>»<ounced  against  any  vessel  thus  cap- 
tured or  detained,  or  against  her  cargo  or  any  part  thereof,  a  duly 
authenticated  copy  of  all  tl.e  proceedings  in  the  cause,  and  of  the 
said  sentence,  shall,  if  required,  be  delivered,  without  delay,  to  the 
commanders  of  the  said  vessels,  or  to  the  owner  thereof,  or  to  the 
agent  of  cither,  on  payment  of  all  legal  fees  and  demands  for  the 
same. 

The  commanders  of  ships  of  war  and  privateers,  of  the  belligerant 
party,  shall,  in  the  searching  of  the  merchant  ships  of  the  other  par- 
ty, conduct  themselves  according  to  the  acknowledged  principles  and 
rules  of  the  law  of  nations,  and  as  favorably,  moreover,  as  towards 
the  most  friendly  power  that  may  remain  neuter.  The  said  com- 
manders, their  oihcers,  and  crews,  shall  forbear  doing  any  dama.!"!'  to 
the  suhj!^«:ts  or  citizens  of  the  ot'-r  party,  or  committing  an}  out- 
rage against  them,  and  if  tl^oy  act  to  the  contrary  they  shall  be 
punished,  and  shall  also  make  satisfaction  and  reparation  for  ai|-- 
daiuages,  and  the  interest  thereof,  of  whatever  nature  the  said  dama- 
ges may  be. 

(d.)  '      ■' 

The  ships  of  war  and  privateers  of  the  two  nations,  as  well  as 
their  prizes,  shall  be  treated,  in  tiieir  respective  ports,  as  those  of 
the  most  favored  nation. 

It  shall  not  be  lawful  for  any  power  or  state,  at  war  with  either  of 
the  high  contracting  parties. or  the  subjects  or  citizens  ofsurh  power 
or  state,  to  fit  out,  or  arm,  ships  of  war,  or  privateers,  in  tlic  [loits  of 
the  other  of  the  high  contracting  parties,  nor  to  sell  what  they  may 


148 


[71] 


take  as  prize  from  the  ships  or  vessels  of  the  high  contracting 
party  with  whom  such  power  or  state  may  be  at  war,  in  the  ports 
of  the  other,  nor  in  any  other  manner  to  exchange  the  same;  nor 
shall  they  be  allowed  to  purchase  more  provisions  than  shall  be  ne- 
cessary for  their  going  to  the  nearest  port  of  that  power  or  state  to 
which  they  belong. 

t 

In  the  event  of  a  shipwreck  happening  to  any  vessel  or  vessels,  be- 
longing to  either  of  the  high  contracting  parties,  or  their  subjects  and 
citizens,  on  the  coasts  of  the  other,  every  assistance  shall  be  given 
for  the  protection  of  the  nnfortunate  persons,  and  for  the  preservation 
of  the  ship,  cargo,  and  all  effects  which  may  be  saved,  citiier  from  on 
board  the  ship,  or  in  any  other  manner  whatever;  and  the  same  siiall 
not  be  concealed,  nor  detained,  nor  damaged,  under  any  pretext  what- 
ever. On  the  contrary,  the  same  shall  be  preserved  and  rest(»ted  ta 
them,  upon  a  suitable  recompense  being  given  to  those  who  shall  have 
assisted  in  saving  their  persons,  vessels,  or  effects. 

If  at  any  time  a  rupture  should  take  place,  (which  God  forbid^ 
between  his  Britannic  Majesty  and  the  United  States,  neither  the 
debts  due  from  individuals  of  one  of  the  two  nations  to  individuals 
of  the  other,  nor  shares  or  moneys  which  they  may  have  in  the  pub- 
lic funds,  or  in  the  public  or  private  banks,  shall  be  sequestered  or 
confiscated;  and  the  merchants  and  others  of  each  of  the  two  nations 
residing  in  the  dominions  of  the  other,  shall  in  no  case  be  detained 
as  prisoners  of  war;  but  they  shall  be  permitted  to  remove,  with  their 
families,  effects,  and  property;  each  govei'nment  having,  neverthet- 
less,  the  right,  during  their  remaining  in  its  dominions,  to  make  such 
regulations,  and  to  take  such  precautions,  as  it  may  deem  necessary 
"with  respect  to  such  persons. 

Memorandttm  E. 

Upon  the  subject  of  those  articles  numbered  from  a  to  k,  which 
were  brought  forward  by  the  American  Plenipotentiaries,  and  an- 
nexed to  the  protocol  of  the  third  Conference,  the  British  Plenipoten- 
tiaries stated,  that,  although  they  were  nut  instructed  to  bring  any 
of  these  topics  before  the  conferences  on  tlic  part  of  Great  Britain, 
and  although  they  considered  it  by  no  means  necessary  that  the  two 
countries  should  now  come  to  any  conventional  arrangement  relating 
to  them,  they  were,  nevertheless,  ready  to  agree  to  the  annexed  arti- 
cles, (a,  6,  c,  d,  e,ff)  which  embraced  all  the  points  upon  which,  in 
their  judgment,  it  was  expedient  that  the  twu  countries  should  enter 
intc  positive  stipulations. 


'i 


'I    I, 


£71] 

Slaves. 

ABTICLE. 


% 


♦      '(.i 


Whereas  it  was  agreed,  by  the  first  article  of  the  treaty  of  Ghentf 
that  **  All  territoi-y,  places,  and  possessions,  whatsoever,  taken  by 
either  party  from  the  other,  during  the  war,  or  which  may  be  taken 
after  the  signing  of  this  treaty,  excepting  only  the  islands  hereinafter 
mentioned,  shall  be  restored  without  delay,  and  without  causing  any 
destruction,  or  carrying  away  any  of  the  artillery  or  other  public 
property,  originally  captured  in  the  said  forts  or  places,  which  shall 
remain  therein  upon  the  exchange  of  the  ratifications  of  this  treaty, 
or  any  slaves  or  other  private  property:"  And  whereas,  under  the 
aforesaid  article,  the  United  States  claim  for  their  citizens,  and  as 
their  private  property,  the  restitution  of,  or  full  compensation  for,  alt 
slayrs  who,  at  the  date  of  the  exchange  of  the  ratifications  of  the 
sai(lrHreaty,  were  in  any  territory,  places,  or  possessions,  whatso- 
ever, directed  by  the  said  treaty  to  be  restored  to  the  United  States, 
but  then  still  occupied  by  tie  »  vitish  forces,  whether  such  slaves 
were,  at  the  date  aforesaid,  on  ;  n  w  on  board  any  British  vessels 
lying  in  waters  within  the  tei  .^  •;;  or  jurisdiction  of  the  United 
States:  And  whereas  differences  have  arisen  whether,  by  the  true  in- 
tent and  meaning  of  the  aforesaid  article  of  the  treaty  of  Ghent,  the 
United  States  are  entitled  to  the  restitution  of,  or  full  compensation 
for,  all  or  any  slaves,  as  above  described:  the  high  contracting  par- 
ties do,  hereby,  agree  to  refer  the  savd  difference  to  some  friendly 
sovereign  or  state,  to  be  named  for  that  purpose;  and  the  high  con- 
tracting parties  further  engage  to  consider  the  decision  of  such 
friendly  sovereign  or  state,  to  be  final  and  conclusive  on  all  the  mat- 
ters referred. 

No.  10. 

Amendment  to  boundanj  line,  proposed  by  American  Flenipotentiaries  at 

the  Eighth  Conference. 

In  lieu  of  latter  part  of  the  article  insert: 

*<  And  it  is  agreed,  that  any  such  country  as  may  be  claimed  by 
either  party  on  the  northwest  coast  of  America,  or  on  the  continent 
of  America  westward  of  the  Stoney  Mountains,  shall,  together  with 
its  harbors,  bays,  and  creeks,  and  the  navigation  of  all  rivers  within 
the  same,  be  free  and  open,  for  the  term  of  ten  years  from  the  date 
of  the  signature  of  this  treaty,  to  the  vessels,  citizens,  and  subjects 
of  the  two  powers;  it  being  well  understood,  that  this  agreement  is 
not  to  be  construed  to  the  prejudice  of  any  claim,  which  either  of  the 
two  high  contracting  parties  may  have  to  any  part  of  the  last  men- 
tioned country;  nor  shall  it  be  taken  to  affect  the  claims  of  any 
other  power  or  state  to  any  part  of  the  said  country — tlie  only  ob- 
ject of  the  two  high  contracting  parties,  in  that  respect,  being  to  pre- 
vent disputes  and  differences  amongst  theroseives." 


f. 


I.' 


150 


[71] 


No.  11. 

Protocol  of  the  Eighth  Conference  between  the  American  and  British 
Plenipotentiaries,  held  at  ff.hitehall,  on  the  lOth  of  October,  1818. 

Present — Mr.  Gallatin, 
Mr.  Rush, 
Mr.  Robinson, 
Mr.  Goulbiini. 

The  protocols  of  'the  two  preceding  Conferences  were  agreed  to 
and  signed. 

The  several  articles  upon  the  fisheries;  the  boundary;  the  territory 
westward  of  the  Stoney  Mountains;  the  captured  slaves;  and  the  re- 
newal of  the  existing  commercial  convention,  were  agreed  to. 

The  American  Plenipotentiaries  expressed  their  regret  that  the 
rejection  of  several  of  the  amendments  which  they  had  offered  to  the 
projet  on  impressment,  and  which  they  deemed  essential,  compelled 
them  to  decline  acceding  to  that  projet.  /- 

The  great  alterations  made  by  the  British  Plenipotentiaries  to  the 
articles  (H'oposed  by  the  American  Plenipotentiaries  on  maritime 
rights,  also  induced  the  latter  to  think,  that,  although  a  season  of 
peace  appeared  the  most  favorable  time  for  arranging  such  subjects, 
it  would  be  inexpedient  to  discuss  them  any  further,  more  especially 
as  it  had  never  been  the  intention  of  tlie  American  Plenipotentiaries 
to  adopt,  or  propose,  any  articles  upon  maritime  subjects,  without  an 
adjustment  of 'that  on  impressment. 

The  Britlsli  Plenipotentiaries  brought  forward  an  article,  as  an- 
nexed, (F,)  upon  the  subject  of  the  direct  intercourse  between  the 
>Vest  Indies  and  the  United  States  of  America;  but  they  stated  that 
they  could  not  consent  to  sign  any  article  upon  that  subject,  unless  the 
American  Plenipotentiaries  were  prepared  at  the  same  time  to  accede 
to  articles  which  should  put  the  intercourse  between  Bermuda  and 
the  United  States,  as  well  as  between  Nova  Scotia  and  New  Bruns- 
wick and  the  United  States,  upon  the  footing  contemplated  in  the 
article  originally  offered  by  the  British  Government,  with  respect  to 
Bermuda;  and  in  that  respecting  Nova  Scotia  and  New  Brunswick, 
brought  forward  at  a  former  conference  by  the  British  Plenipoten- 
tiaries. 

The  American  Plenipotentiaries  declared  that  their  instructions 
did  not  authorize  them  to  sign  the  West  India  article,  as  proposed  by 
the  British  Plenipotentiaries,  but  agreed  to  take  the  whole  question, 
ad  referendum,  to  their  Government. 

It  was  agreed  to  meet  on  Friday,  the  20th  instant. 

ALBERT  GALLATIN, 
RICHARD  RUSH, 
FREDERICK  JOHN  ROBINSON, 
HENRY  GOULBURN. 

F. 

It  is  agreed  that  the  vessels  of  the  United  States  shall  have  liber- 
ty to  import  from  *[any  of  the  ports  of  the  United  States  to  which 

•  The  words  within  the  l)r;ickets  were  not  inserted,  as  is  supposed  by  an  accidental 
omission,  in  the  copy  lianded  in  by  the  British  Plenipotentiaries. 


^  S  ' 


[71  ] 


151 


any  foreign  vessels  are  permitted  to  come,  to]  any  of  the  ports  of 
his  Britannic  Majesty's  dominions  in  the  West  Indies,  which  shall 
be  open  to  the  vessels  of  any  other  foreign  power  or  state,  tobacco, 
pitch,  tar,  turpentine,  staves,  headings,  shingles,  horses,  mules,  poul- 
try, live  stock,  and  provisions  of  all  sorts,  except  salted  provisions, 
of  any  description,  whether  meat,  ii^h,  or  butter,  such  articles  being 
of  the  growth,  produce,  or  manufacture,  of  the  United  States;  and  the 
said  vessels  shall  also  have  liberty  to  import,  in  the  same  manner, 
any  other  articles  of  the  growth,  produce,  or  manufacture,  of  the 
United  States,  the  importation  of  which  into  the  above-mentioned 
ports  shall  not  be  entirely  prohibited  from  every  other  foreign  coun- 
try or  place. 

The  vessels  of  the  United  States  shall  likewise  have  liberty  to  ex- 
port, from  any  of  the  aforesaid  ports  of  his  Britannic  Majesty's  do- 
minions in  the  West  Indies,  to  any  of  the  aforesaid  ports  of  the  United 
States,  rum,  molasses,  and  salt,  being  of  the  growth,  produce,  or 
mar^ifacturc,  of  any  of  his  Britannic  Majesty's  abovementioned  domi- 
nions in  the  West  Indies;  and  the  said  vessels  shall  also  have  liberty 
to  export,  in  the  same  manner,  any  other  articles  of  the  said  growth, 
produce,  or  manufacture,  the  exportation  of  which,  in  foreign  vessels, 
from  the  said  ports,  to  any  other  foreign  country,  or  place,  shall  not 
be  entirely  prohibited. 

Britisii  vessels  shall  in  the  same  manner  have  liberty  to  import 
from  any  of  the  aforesaid  ports  of  his  Britannic  Majesty's  dominions, 
to  any  of  the  ports  of  the  United  States,  rum,  molasses,  and  salt,  be- 
ing of  the  growth,  produce,  or  manufacture,  of  his  Britannic  Majesty's 
abuvcmentioned  dominions  in  the  West  Indies;  and  British  vessels 
shall  also  have  liberty  to  import,  in  the  same  manner,  any  other  arti- 
cle uf  the  said  growth,  ()roduce,  or  manufacture,  the  exportation  of 
which  from  the  said  dominions  of  his  Britannic  Majesty  to  the  Unit- 
ed States,  shall  be  allowed,  as  aforesaid,  in  vessels  of  the  United 
States. 

British  vessels  shall  likewise  have  liberty  to  export,  from  any  of 
the  aforesaid  ports  of  the  United  States,  to  any  of  the  aforesaid  ports 
of  his  Britannic  Majesty's  dominions  in  the  West  Indies,  tobacco, 
pitcli,  tar,  turpentine,  staves,  headings,  shingles,  horses,  mules, 
poultry,  live  stock,  and  provisions  of  all  sorts,  except  salted  provi- 
sions of  Any  description,  whether  meat,  fish,  or  butter,  such  articles^ 
being  of  the  growth,  produce,  or  manufacture,  of  the  United  States; 
and  the  said  vessels  shall  also  have  liberty  to  export  in  the  same 
manner,  every  other  article,  being  the  growth,  produce,  or  ma- 
nufacture, of  the  United  States,  the  importation  of  which  into  the  said 
British  poi'ts,  from  the  said  United  States,  shall  be  allowed  in  ves- 
sels of  the  United  States. 

The  vessels  of  either  of  the  two  parties,  employed  in  the  trade 
provided  for  by  this  article,  shall  be  admitted  in  the  ports  of  the 
other,  as  above  mentioned,  without  paying  any  other  or  higher  du- 
ties, or  charges,  than  those  payable  in  the  same  ports  by  the  vessels 
of  such  other  party;  and  they  shall  have  liberty,  respectively,  to 
touch,  during  the  same  voyage,  at  ono  or  more  of  the  abovcincn- 


ccidental 


152 


f 


[71] 


^^ 


*' 


tioned  ports  of  the  other  party,  for  the  purpose  of  disposing  of  their 
inward,  and  of  taking  on  board  their  outward  cargoes. 

No  other  or  liigher  duties  shall  be  paid,  on  the  importation  into  the 
United  States,  of  any  of  the  articles  which  may  be  imported  therein, 
by  virtue  of  this  article,  when  imported  in  British  vessels,  than  when 
imported  in  vessels  of  the  United  States;  nor  when  imported  directly 
from  the  above  mentioned  ports  of  His  Britannic  Majesty's  domi- 
nions, than  when  imported  in  a  circuitous  manner.  And  no  other 
or  higiierduties  shall  be  paid  on  the  importation,  into  any  of  the  above- 
mentioned  ports  of  His  Britannic  Majesty's  dominions,  of  any  of  the 
articles  which  may  be  imported  therein,  by  virtue  of  this  article, 
Avhen  imported  in  vessels  of  the  United  States,  than  when  imported 
in  British  vessels;  nbr  when  imported  directly  from  the  United  States, 
than  when  imported  in  a  circuitous  manner.  It  is  agreed,  moreover, 
that  no  other  or  higher  duties  shall  be  charged  upon  any  of  the  above 
mentioned  articles,  being  of  the  growth,  produce,  or  manufacture, 
of  the  two  countries,  respectively,  when  imported  by  virtue  of  this 
article,  on  the  one  hand,  into  the  said  ports  of  His  Britannic'^a- 
jcsty's  Dominions,  or  into  the  ports  of  the  United  States,  on  the 
other,  than  may  be  charged  on  similar  articles  when  imported  from 
any  otlier  foreign  country;  but  His  Britannic  Majesty  reserves  to 
himself  the  right  to  impose  higher  duties  upon  all  articles  so  allowed 
to  be  imported  into  the  said  British  ports  from  the  United  States, 
than  are,  or  may  be  chargeable,  upon  all  similar  articles,  when  im- 
ported from  any  of  His  Majesty's  dominions:  Provided,  that  in  such 
case,  such  similar  articles  shall  be  of  the  growth,  produce,  or  manu- 
facture of  His  Majesty's  possessions.  The  same  duties  shall  bo 
paid,  and  the  same  bounties  shall  be  allowed,  on  the  exportation  of 
any  articles^  which  may,  by  virtue  of  this  article,  be  exported,  ei- 
ther from  the  said  ports  of  His  Britannic  Majesty's  dominions,  in 
the  West  Indies,  to  the  United  States,  as  from  the  United  States  to 
the  above  mentioned  ports,  whether  such  exportation  shall  be  in  ves- 
sels of  the  United  States,  or  in  British  vessels 


ii 


No.  12. 

Protocol  of  the  ninth  Conference  between  the  American  and  British  Pie- 
nipotentianeSf  held  at  Whitehall^  on  the  ZOth  of  October,  1818. 

Present—Mr.  Gallatin, 
Mr.  Hush, 
Mr.  Robinson, 
Mr.  Goulburn. 
The  protocol  of  the  preceding  conference  was  agreed  to  and  signed. 
The  Plenipotentiaries  tlien  proceeded  to  sjgn  the  Convention. 

ALBERT  GALLATIN, 
RICHARD  RUSH, 
FREDERICK  JOHN  ROBINSON, 
HEiNRY  GOULBURN. 


g  of  their 

n  into  the 
I  therein, 
lan  when 
]  directly 
's  domi- 
no other 
he  abovc- 
my  of  the 
IS  article, 
imported 
;d  States, 
noreover, 
the  above 
lufacture, 
ue  of  this 
finic'Ma- 
9,  on  the 
ftcd  from 
iserves  to 
)  allowed 
id  States, 
when  im- 
\i  in  such 
or  manu- 
shall  bo 
'tation  of 
Qfted,  ei- 
nions,  in 
States  to 
le  in  ves- 


Itish  Pie- 
1818. 


f 


id  signed. 
>n. 


NSON, 


